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UNITED STATES v. SANCHEZ

No. 74-1454.

509 F.2d 886 (1975)

UNITED STATES of America, Plaintiff-Appellant, v. Richard SANCHEZ, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

January 31, 1975.

Attorney(s) appearing for the Case

Frederick M. Coleman, U. S. Atty., Toledo, Ohio, Erie D. Chapman, III, Asst. U. S. Atty., for plaintiff-appellant.

Norman G. Zemmelman, Britz & Zemmelman, Toledo, Ohio (court appointed—CJA), for defendant-appellee.

MILLER, J., delivered the opinion of the Court in which CELEBREZZE, J., joined. O'SULLIVAN, J., (p. 890) filed a dissenting opinion.

WILLIAM E. MILLER, Circuit Judge.

Richard Sanchez was indicted by a federal grand jury on November 29, 1973. The first count of the indictment charged defendant with receiving, concealing and storing explosives known or believed to be stolen, and count two charged the illegal storage of explosives contrary to federal regulations. (18 U.S.C. § 842(h)(j)). The third count charged the illegal possession of a firearm.

The defendant filed a motion to suppress...

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