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UNITED STATES v. KIRSCH

No. 73-2910.

493 F.2d 465 (1974)

UNITED STATES of America, Plaintiff-Appellee, v. John Edward KIRSCH, III, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied July 12, 1974.

Attorney(s) appearing for the Case

Carl J. Barbier, New Orleans, La. (Court-appointed), for defendant-appellant.

Gerald J. Gallinghouse, U. S. Atty., Stephen A. Mayo, Asst. U.S. Atty., New Orleans, La., for plaintiff-appellee.

Before GOLDBERG and AINSWORTH, Circuit Judges, and LYNNE, District Judge.

Rehearing and Rehearing En Banc Denied July 12, 1974.

PER CURIAM:

Appellant Kirsch seeks reversal of his conviction for violation of 18 U.S.C. Appendix § 1202(a), which prohibits receipt, possession, or transportation of a firearm by one having been convicted of a felony. Finding that the trial court erred in admitting into evidence the incriminating pistol, holster, and bullets, seized as the result of a constitutionally impermissible frisk, we reverse...

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