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UNITED STATES v. BOYD

No. 75 Cr. 1104.

407 F.Supp. 693 (1976)

UNITED STATES of America, v. Eugene BOYD, Defendant.

United States District Court, S. D. New York.

January 21, 1976.

Attorney(s) appearing for the Case

Thomas J. Cahill, U. S. Atty. for the Southern District of New York, New York City, for the United States; John P. Flannery, II, Asst. U. S. Atty., New York City, of counsel.

Irving Novis, Brooklyn, N. Y., for defendant.

OPINION

EDWARD WEINFELD, District Judge.

The defendant, indicted for receipt and possession of three sawed-off shotguns which were not registered to him and for possession of a Sturm Ruger revolver, moves pursuant to Rule 41 of the Federal Rules of Criminal Procedure to suppress the weapons as evidence upon the ground they were seized without a search warrant. A hearing was conducted which developed the circumstances under which they were seized. Gerald...

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