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UNITED STATES v. ABBOTT

No. 75-1821.

546 F.2d 883 (1977)

UNITED STATES of America, Plaintiff-Appellee, v. James Charles ABBOTT, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Decided January 6, 1977.

Attorney(s) appearing for the Case

Daniel J. Sears, Denver, Colo., for defendant-appellant.

Robert D. McDonald, Asst. U. S. Atty., Oklahoma City, Okl. (Richard A. Pyle, U. S. Atty., Muskogee, Okl., with him on the brief), for plaintiff-appellee.

Before LEWIS, Chief Judge, and BREITENSTEIN and SETH, Circuit Judges.

LEWIS, Chief Judge.

Appellant, James Abbott, was tried and convicted by a jury in the district court for the Eastern District of Oklahoma for knowingly and unlawfully possessing a .30 caliber carbine not registered to him in violation of 26 U.S.C. § 5861(d). Appellant was sentenced to three years of imprisonment to be served concurrently with state court sentences then being served. During the trial appellant moved to suppress the carbine asserting that it had...

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