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UNITED STATES v. CORONA

No. 81-1201.

661 F.2d 805 (1981)

UNITED STATES of America, Plaintiff-Appellee, v. Louis CORONA, III, etc., Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided November 19, 1981.

Attorney(s) appearing for the Case

Irwin H. Schwartz, Federal Public Defender, Dan R. Dubitzky, Asst. Federal Public Defender, Seattle, Wash., for defendant-appellant.

Curtis J. Frush, Asst. U. S. Atty., Seattle, Wash., for plaintiff-appellee.

Before SNEED and CANBY, Circuit Judges and HOFFMAN, District Judge.

CANBY, Circuit Judge.

Corona was convicted of possessing an unregistered firearm in violation of 26 U.S.C. §§ 5861(d) and 5871. He contends that the district court erred in not suppressing the sawed-off shotgun found on his person during a pat-down search. We agree that the stop and search were not based upon a founded suspicion that Corona was about to commit or had committed a crime and that he was armed and presently dangerous, and that the findings of...

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