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UNITED STATES v. KENNEDY

No. 77-2276.

573 F.2d 657 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. James Michael Donald KENNEDY, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

April 21, 1978.

Attorney(s) appearing for the Case

Juanita J. Brooks (argued), San Diego, Cal., for defendant-appellant.

R. Michael Bruney, Asst. U. S. Atty. (argued and on the brief), Terry J. Knoepp, U. S. Atty. (argued), San Diego, Cal., for plaintiff-appellee.

Before WRIGHT and CHOY, Circuit Judges, and SOLOMON, District Judge.

EUGENE A. WRIGHT, Circuit Judge:

Kennedy appeals from his conviction for transporting and receiving firearms in interstate commerce. 18 U.S.C. §§ 922(g) and (h) and 924(a).

He moved unsuccessfully to suppress a firearm found in his residence by FBI agents executing a search warrant. He argues that the questioning which yielded the information establishing probable cause for the warrant was an overbroad investigatory stop or, alternatively, a custodial...

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