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UNITED STATES v. CARTER

No. 75-1211.

523 F.2d 476 (1975)

UNITED STATES of America, Appellee, v. Lee Andrew CARTER, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided September 29, 1975.

Attorney(s) appearing for the Case

William J. Tighe, Omaha, Neb., for appellant.

G. Roderic Anderson, Asst. U. S. Atty., Omaha, Neb., for appellee.

Before MATTHES, Senior Circuit Judge, and HEANEY and STEPHENSON, Circuit Judges.

HEANEY, Circuit Judge.

Lee Andrew Carter was found guilty by a jury of violating 18 U.S.C., App. § 1202(a)(1).1 The sole issue on appeal is the admissibility under the Fourth Amendment of the .22 caliber revolver taken from him at his arrest. We affirm.

The appellant was arrested by agents of the Treasury Department, Bureau of Alcohol, Tobacco and Firearms, acting pursuant to a warrant issued by a federal magistrate. The warrant...

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