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UNITED STATES v. NEWBOURN

Nos. 76-2267, 76-2270.

600 F.2d 452 (1979)

UNITED STATES of America, Appellant, v. Steven Dale NEWBOURN, Appellee. UNITED STATES of America, Appellant, v. Larry Steven JEFFERY, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided June 29, 1979.

Attorney(s) appearing for the Case

J. Timothy DiPiero, Asst. U. S. Atty. (Robert B. King, U. S. Atty., Charleston, W. Va., on brief), for appellant.

James M. Cagle, Charleston, W. Va., for appellee.

Before HAYNSWORTH, Chief Judge, and BUTZNER and PHILLIPS, Circuit Judges.

HAYNSWORTH, Chief Judge:

On the shoulder of a rural road in West Virginia an automobile was parked, its trunk loaded with a quantity of stolen firearms. Newbourn and Jeffery, after parking the vehicle there, left it to enter the cab of a pickup truck, which had followed them there, and were attempting to sell the guns to the driver of the pickup truck, an undercover police informant. Four police officials, having previously...

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