UNITED STATES v. GUSAN

No. 76-1858.

549 F.2d 15 (1977)

UNITED STATES of America, Plaintiff-Appellee, v. Eli GUSAN, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided February 11, 1977.

Rehearing Denied March 2, 1977.

Certiorari Denied April 25, 1977.


Attorney(s) appearing for the Case

Robert R. Garrett, Merrillville, Ind., for defendant-appellant.

John R. Wilks, U. S. Atty., Fort Wayne, Ind., Andrew B. Baker, Asst. U. S. Atty., Hammond, Ind., for plaintiff-appellee.

Before SWYGERT, SPRECHER and TONE, Circuit Judges.


SPRECHER, Circuit Judge.

The sole issue in this appeal is whether the search warrant contravened the Fourth Amendment by not describing the place to be searched with sufficient particularity.

The defendant, Eli Gusan, was indicted in two counts for knowingly possessing two firearms — a Spitfire .45 caliber machine gun and a Sten MK II machine gun, 9 mm caliber — which firearms were not registered to him, in violation of 26 U.S.C. § 5861...

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