UNITED STATES v. BRZOTICKY

No. 77-1872.

588 F.2d 773 (1978)

UNITED STATES of America, Appellant, v. Frank Steve BRZOTICKY, Appellee.

United States Court of Appeals, Tenth Circuit.

Decided November 27, 1978.


Attorney(s) appearing for the Case

Ronald L. Rencher, U. S. Atty., and Steven W. Snarr, Asst. U. S. Atty., Salt Lake City, Utah, for appellant.

Robert Van Sciver and Randall T. Gaither, Salt Lake City, Utah, for appellee.

Before SETH, Chief Judge, and DOYLE and LOGAN, Circuit Judges.


SETH, Chief Judge.

The United States has taken this appeal from the dismissal of an indictment against the defendant. The charge was under 18 U.S.C. § 922 for receiving a firearm after having been convicted of a felony, and for giving false information at the time of the purchase of the firearm as to prior convictions. The trial court granted a motion of the defendant which asked for dismissal on the ground that defendant had no prior conviction.

The...

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