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UNITED STATES v. WEST

No. 77-5031.

562 F.2d 375 (1977)

UNITED STATES of America, Plaintiff-Appellee, v. Barry William WEST, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided September 7, 1977.

Rehearing and Rehearing Denied October 6, 1977.

Attorney(s) appearing for the Case

Alfred H. Knight, Nashville, Tenn., (Court Appointed, CJA), for defendant-appellant.

Charles H. Anderson, U. S. Atty., Irvin H. Kilcrease, Jr., Asst. U. S. Atty., Nashville, Tenn., for plaintiff-appellee.

Before WEICK, LIVELY and ENGEL, Circuit Judges.

Rehearing and Rehearing En Banc Denied October 6, 1977.

ENGEL, Circuit Judge.

Barry William West was employed by United Parcel Service in Nashville, Tennessee. On the day of the alleged offense, West was manning a conveyor belt at the United Parcel Service when he noticed that one of the parcels in shipment had broken open. He removed two guns from the parcel, a Smith and Wesson .38 caliber revolver and a Browning .380 caliber pistol. He then taped the box...

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