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UNITED STATES v. EASTER

No. 76-1218.

539 F.2d 663 (1976)

UNITED STATES of America, Appellee, v. Joseph Ward EASTER, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided August 4, 1976.

Attorney(s) appearing for the Case

Thomas P. Roberts, Clayton, Mo., for appellant.

Michael W. Reap, Asst. U. S. Atty., St. Louis, Mo., for appellee; Donald J. Stohr (former U. S. Atty., effective May 15th Barry Short, U. S. Atty.), and Frank A. Bussmann, Asst. U. S. Atty., St. Louis, Mo., on brief.

Before VAN OOSTERHOUT, Senior Circuit Judge, LAY and HENLEY, Circuit Judges.

LAY, Circuit Judge.

On October 16, 1975, a grand jury indictment was returned against Joseph Ward Easter charging him with possession of a firearm without filing an application in violation of 26 U.S.C. §§ 5861(c) and 5871 and possession of a firearm not registered with the Department of the Treasury in violation of 26 U.S.C. §§ 5861(d) and 5871.

The defendant waived a jury trial and was tried before the United States District Court for...

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