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UNITED STATES v. DALPIAZ

No. 75-1619.

527 F.2d 548 (1975)

UNITED STATES of America, Plaintiff-Appellee, v. William Thomas DALPIAZ, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided December 15, 1975.

Attorney(s) appearing for the Case

J. Gregory Wehrman, Wehrman & Wehrman, Covington, Ky. (Court-appointed CJA), for defendant-appellant.

Eugene E. Siler, Jr., U. S. Atty., Richard E. Duerr, Jr., William D. Kirkland, Asst. U. S. Attys., Lexington, Ky., for plaintiff-appellee.

Before WEICK, MILLER and ENGEL, Circuit Judges.

WILLIAM E. MILLER, Circuit Judge.

This is an appeal from a jury conviction for knowing possession of an unregistered firearm in violation of 26 U.S.C. § 5861(d).1 The alleged firearm is known as a ground burst projectile simulator, model number M115A2, and is used by the military in the training of infantry troops. It simulates incoming artillery fire and exposes the troops to the accompanying sound effects. This device was seized...

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