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BRINLEE v. UNITED STATES

No. 73-1340.

496 F.2d 351 (1974)

Garland Rex BRINLEE, Jr., Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided May 1, 1974.

Attorney(s) appearing for the Case

Albert A. Wolf, Bismarck, N. D., for appellant.

Counsel for appellee waive oral argument. Brief was filed.

Harold O. Bullis, U. S. Atty., Fargo, N. D., Nathan G. Graham, U. S. Atty., Ben F. Baker, Asst. U. S. Atty., Tulsa, Okl., for appellee.

Before MATTHES, Senior Circuit Judge, HEANEY, Circuit Judge, and TALBOT SMITH, Senior District Judge.

TALBOT SMITH, Senior District Judge.

The defendant, Garland Rex Brinlee, Jr., was convicted by a jury of conspiracy1 to violate firearm statutes2 and 18 U.S.C. § 844(h),3 which prohibits carrying an explosive during the commission of a felony, as well as of the substantive offenses of the possession of unregistered firearms (a bomb and a sawed-off shotgun) and of making a firearm...

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