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UNITED STATES v. MALONE

No. 76-2127.

546 F.2d 1182 (1977)

UNITED STATES of America, Plaintiff-Appellee, v. Patrick Hunt MALONE, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied March 16, 1977.

Attorney(s) appearing for the Case

Roy L. Brun (Court-appointed), B. J. Woods (Retained counsel), Shreveport, La., for defendant-appellant.

Donald E. Walter, U.S. Atty., Paul Lynch, D. H. Perkins, Jr., Asst. U.S. Attys., Shreveport, La., for plaintiff-appellee.

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

MEHRTENS, District Judge:

Patrick Hunt Malone appeals from a judgment of conviction for possession of an unregistered firearm, 26 U.S.C. § 5861(d) and § 5871, and for possession of a firearm not identified by a serial number as required by 26 U.S.C. § 482.

Malone's automobile was searched incident to an arrest for the unauthorized use of a credit card. In his vehicle were found one pressure release spring-top box containing a military MK2 fragmentation...

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