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UNITED STATES v. STAPLETON

No. 78-3229.

600 F.2d 780 (1979)

UNITED STATES of America, Plaintiff-Appellee, v. Charles George STAPLETON, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

July 16, 1979.

Attorney(s) appearing for the Case

Robert R. Lee, Los Angeles, Cal., Jack Leavitt, Berkeley, Cal., for defendant-appellant.

Christina McKenna, Asst. U. S. Atty., Seattle, Wash., for plaintiff-appellee.

Before TUTTLE, ELY and WRIGHT, Circuit Judges.

EUGENE A. WRIGHT, Circuit Judge:

Stapleton, a convicted felon, was charged with receiving firearms which had been shipped in interstate commerce, a violation of 18 U.S.C. § 922(h) (1976). He moved to suppress two handguns found in the trunk of a car he had been using. The court suppressed the firearms but concluded there was sufficient independent untainted evidence of guilt. It sentenced him to three years imprisonment and a $5,000 fine.

Stapleton argues...

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