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UNITED STATES v. ONE ASSORTMENT OF SEVEN FIREARMS

No. 78-1836.

632 F.2d 1276 (1980)

UNITED STATES of America, Plaintiff-Appellant, v. ONE ASSORTMENT OF SEVEN FIREARMS, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

December 18, 1980.

Attorney(s) appearing for the Case

Lynell N. Staton, Dept. of Justice, Washington, D. C., Robert Targ, Asst. U. S. Atty., Miami, Fla., for plaintiff-appellant.

Sheldon "Skip" Taylor, Miami, Fla., for defendant-appellee.

Before HILL, KRAVITCH and HATCHETT, Circuit Judges.

JAMES C. HILL, Circuit Judge:

The government appeals from a district court's refusal to order a forfeiture of the defendant firearms under 18 U.S.C. § 924(d) (1976). We agree with the government and accordingly, reverse and remand the case.

I.

In January 1977, Rafael A. Martinez, a special agent with the U. S. Treasury Department's Bureau of Alcohol, Tobacco and Firearms, entered the Hialeah Range and Gun Shop, Inc., in Hialeah, Florida, to...

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