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UNITED STATES v. OAKES

No. 76-1438.

564 F.2d 384 (1977)

UNITED STATES of America, Plaintiff-Appellee, v. Ted E. OAKES, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Decided October 25, 1977.

Attorney(s) appearing for the Case

David J. Phillips, Asst. Federal Public Defender, Kansas City, Kan. (Leonard D. Munker, Federal Public Defender, Kansas City, Kan., on the brief) for defendant-appellant.

Richard L. Hathaway, Asst. U. S. Atty., Kansas City, Kan. (E. Edward Johnson, U. S. Atty., Topeka, Kan., on the brief) for plaintiff-appellee.

Before LEWIS, Chief Judge, and BREITENSTEIN and DOYLE, Circuit Judges.

LEWIS, Chief Judge.

Appellant was convicted in the district court for the District of Kansas of knowingly possessing an unregistered machine gun in violation of 26 U.S.C. § 5861(d). The gun was purchased from appellant by an undercover agent for the Alcohol, Tobacco, and Firearms section of the United States Treasury Department. The agent posed as a firearms dealer who was supplying weapons to domestic political groups. Appellant met with the agent, usually at...

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