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UNITED STATES v. MIRELES

No. 78-1419.

583 F.2d 1115 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. Larry James MIRELES, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Decided August 30, 1978.

Certiorari Denied October 30, 1978.

Attorney(s) appearing for the Case

R. E. Thompson, U. S. Atty. and Richard J. Smith, Asst. U. S. Atty., Albuquerque, N. M., for plaintiff-appellee.

William W. Deaton, Jr., Federal Public Defender, Albuquerque, N. M., for defendant-appellant.

Before LEWIS, McWILLIAMS and LOGAN, Circuit Judges.

Certiorari Denied October 30, 1978. See 99 S.Ct. 332.

McWILLIAMS, Circuit Judge.

In a trial to the court Larry James Mireles was adjudged guilty of possessing an unregistered sawed-off shotgun in violation of 26 U.S.C. §§ 5861(d) and 5871 and was sentenced to eight years imprisonment. Prior to trial Mireles filed a motion to suppress the use of the sawed-off shotgun on the ground that it was seized in an unlawful search of his person. After an evidentiary...

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