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UNITED STATES v. HART

No. 81-1002.

656 F.2d 595 (1981)

UNITED STATES of America, Plaintiff-Appellant, v. Don Lewis HART, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Decided August 10, 1981.

Attorney(s) appearing for the Case

Francis M. Wikstrom, Asst. U. S. Atty., Salt Lake City, Utah (Ronald L. Rencher, U. S. Atty., Salt Lake City, Utah, with him on the brief), for plaintiff-appellant.

Stephen R. McCaughey, Salt Lake City, Utah, on the brief, for defendant-appellee.

Before HOLLOWAY and McWILLIAMS, Circuit Judges, and BOHANON, District Judge.

McWILLIAMS, Circuit Judge.

In a thirteen-count indictment, Don Lewis Hart was charged in eleven counts with the unlawful interstate transportation of firearms in violation of 18 U.S.C. §§ 922(g) and 924(a) (1976 and Supp. III 1979). In the two remaining counts, Hart was charged with crimes relating to the unlawful possession of a .45 caliber machine gun in violation of 26 U.S.C. §§ 5861 and 5871 (1976). All of the weapons were taken by the arresting...

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