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UNITED STATES v. GATES

No. 73-1923.

491 F.2d 720 (1974)

UNITED STATES of America, Plaintiff-Appellee, v. Sam GATES, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided February 8, 1974.

Attorney(s) appearing for the Case

Jay A. Charon, Gary, Ind., for defendant-appellant.

John R. Wilks, U. S. Atty., Fort Wayne, Ind., Andrew B. Baker, Jr., Asst. U. S. Atty., Hammond, Ind., for plaintiff-appellee.

Before SWYGERT, Chief Judge, KILEY, Senior Circuit Judge, and SPRECHER, Circuit Judge.

PER CURIAM.

Defendant-appellant, Sam Gates, was indicted and convicted for possession of a firearm, which was not registered, in violation of 26 U.S.C. § 5861(d).1 He has appealed contending that the evidence was insufficient to sustain a conviction. We agree and reverse.

According to the evidence most favorable to the Government, the pertinent facts are as follows. On the evening of September 13, 1972 Officers Lewis DeLuna...

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