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UNITED STATES v. WILSON

No. 76-1970.

546 F.2d 1175 (1977)

UNITED STATES of America, Plaintiff-Appellee, v. Joseph WILSON, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

February 10, 1977.

Attorney(s) appearing for the Case

P. Bruce Kirwan, Federal Public Defender, Ralph Washington, Asst. Federal Public Defender, Atlanta, Ga., for defendant-appellant.

John W. Stokes, U.S. Atty., William F. Bartee, Jr., Asst. U.S. Atty., Atlanta, Ga., for plaintiff-appellee.

Before BROWN, Chief Judge, GODBOLD, Circuit Judge, and MEHRTENS, District Judge.

MEHRTENS, District Judge:

The defendant appeals from a judgment of conviction upon an indictment in one count for violation of Title 26 U.S.C. §§ 5861(d) and 5871, possession of an unregistered destructive device as defined by Title 26 U.S.C. § 5845(f).1

The defendant contends that the evidence at trial was insufficient to establish that the device possessed by him was within the statutory definition of a "destructive...

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