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UNITED STATES v. JOHNSON

No. 76-1693.

546 F.2d 788 (1976)

UNITED STATES of America, Appellant, v. Nathaniel JOHNSON and Laura Davis, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided December 21, 1976.

Attorney(s) appearing for the Case

J. Whitfield Moody, First Asst. U. S. Atty., Kansas City, Mo., for appellant; Bert C. Hurn, U. S. Atty., Kansas City, Mo., on brief.

Ronald L. Hall, Asst. Federal Public Defender, W. D. Mo., Kansas City, Mo., for appellees; Charles A. Gallipeau, Kansas City, Mo., on brief.

Before BRIGHT and WEBSTER, Circuit Judges, and TALBOT SMITH, Senior District Judge.

ORDER

The United States appeals the judgment of the district court dismissing without prejudice this prosecution against appellees Nathaniel Johnson and Laura Davis, charging them with possession of an unregistered still, in violation of 26 U.S.C. § 5179 and 18 U.S.C. § 2. The district court issued the dismissal as a result of its earlier order suppressing as evidence the still and distilling apparatus found in a search of a residence at 2520 Tracy, Kansas...

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