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UNITED STATES v. BROOKS

Nos. 76-1818, 76-1819 and 77-1018.

567 F.2d 134 (1977)

UNITED STATES of America v. Anthony J. BROOKS, Appellant. UNITED STATES of America v. John J. HAZEL, Jr., Appellant (two cases).

United States Court of Appeals, District of Columbia Circuit.

Decided November 10, 1977.

Rehearing Denied December 9, 1977.

Attorney(s) appearing for the Case

J. Richard Colbert,* with whom Michael E. Geltner, Washington, D. C., (appointed by this Court) was on the brief for appellant in No. 76-1818.

Aurora C. Jose,* with whom Michael E. Geltner, Washington, D. C. (appointed by this Court) was on the brief for appellant in Nos. 76-1819 and 77-1018.

Mary Ellen Abrecht, Asst. U. S. Atty., Washington, D. C., with whom Earl J. Silbert, U. S. Atty., John A. Terry and James M. Hanny, Asst. U. S. Attys., Washington, D. C., were on the brief for appellee.

Before TAMM, ROBINSON and ROBB, Circuit Judges.

Opinion for the Court filed by ROBB, Circuit Judge.

Opinion filed by SPOTTSWOOD W. ROBINSON, III, Circuit Judge, dissenting in part.

ROBB, Circuit Judge:

After a trial by jury the appellants Brooks and Hazel were convicted of possession of an unregistered sawed-off shotgun in violation of 26 U.S.C. § 5861(d). They appeal.

At trial the evidence for the government was that between September 1975...

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