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UNITED STATES v. BURKE

No. 888, Docket 75-1021.

517 F.2d 377 (1975)

UNITED STATES of America, Appellee, v. Martin F. BURKE, Appellant.

United States Court of Appeals, Second Circuit.

Decided May 15, 1975.

Attorney(s) appearing for the Case

Thomas P. Smith, Asst. U. S. Atty. (Peter C. Dorsey, U. S. Atty., D. Conn., of counsel), for appellee.

David S. Golub, West Hartford, Conn., for appellant.

Before FRIENDLY and FEINBERG, Circuit Judges, and LASKER, District Judge.

FRIENDLY, Circuit Judge:

Martin Burke appeals from a judgment of the District Court for Connecticut convicting him, on a plea of guilty, of unlawful possession of an unregistered, sawed-off shotgun in violation of 26 U.S.C. §§ 5861(d) and 5871.1 The basis for appeal is an alleged error of Chief Judge Clarie in denying, without an evidentiary hearing, a motion to suppress the shotgun because of the asserted invalidity of the search...

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