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UNITED STATES v. REED

No. 73-1371.

489 F.2d 917 (1974)

UNITED STATES of America, Plaintiff-Appellee, v. Gene Westley REED, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided January 8, 1974.

Attorney(s) appearing for the Case

Russell X. Thompson, Memphis, Tenn., for appellant.

Larry E. Parrish, Asst. U. S. Atty., for appellee; Thomas F. Turley, Jr., U. S. Atty., W. D. Tenn., Memphis, Tenn., on brief.

Before PHILLIPS, Chief Judge, and EDWARDS and McCREE, Circuit Judges.

EDWARDS, Circuit Judge.

Appellant was convicted after jury trial on one count of a two-count indictment charging violation of a statute prohibiting possession or sale of an instrument primarily useful for wiretapping. The provision under which he was convicted is as follows:

". . . any person who willfully . . . (b) manufactures, assembles, possesses, or sells any electronic, mechanical, or other device, knowing or having reason to know that the...

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