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UNITED STATES v. BRADSBY

No. 79-5532. Summary Calendar.

628 F.2d 901 (1980)

UNITED STATES of America, Plaintiff-Appellee, v. Robert BRADSBY, Elmer C. Ballance and Mortimer Fairchild, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit. Unit A.

October 23, 1980.

Attorney(s) appearing for the Case

Thomas G. Sharpe, Jr., Brownsville, Tex., for Bradsby.

James R. Gillespie, A Professional Corp., San Antonio, Tex., for Ballance.

Glen A. Barnard, Harlingen, Tex. (court appointed), for Fairchild.

J. A. Canales, U.S. Atty., James Gough, John Smith, Asst. U.S. Attys., Houston, Tex., Charles Lewis, Asst. U.S. Atty., Brownsville, Tex., for plaintiff-appellee.

Before BROWN, POLITZ and TATE, Circuit Judges.

POLITZ, Circuit Judge:

Robert W. Bradsby, Elmer C. Ballance and Mortimer Fairchild were convicted of three counts of violating 18 U.S.C. § 371, the general conspiracy statute. Specifically, they were found guilty of: (1) conspiring to engage in business as dealers in firearms, as defined in 26 U.S.C. § 5845(a), without paying the special occupational tax required by 26 U.S.C. § 5801 and without registering with the Secretary of Treasury as required...

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