UNITED STATES v. FULTZ

No. 79-5360.

622 F.2d 204 (1980)

UNITED STATES of America, Plaintiff-Appellee, v. Danny Lee FULTZ, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided May 5, 1980.


Attorney(s) appearing for the Case

W. Gary Blackburn, Barrett, Lenahan, Kniffen & Ray, Nashville, Tenn., for defendant-appellant.

John H. Cary, U. S. Atty., Robert E. Simpson, Knoxville, Tenn., for plaintiff-appellee.

Before LIVELY, MERRITT and KENNEDY, Circuit Judges.


PER CURIAM.

Defendant appeals from his conviction for possession of a sawed-off shotgun in violation of 26 U.S.C. §§ 5861(d) and 5871. The only issues before the court arise from the district court's denial of a motion to suppress the shotgun as evidence and to return defendant's truck from which the weapon was seized.

The officers who searched the truck of the defendant had no warrant. They had been called...

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