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UNITED STATES v. ROGERS

Nos. 80-1840, 80-1848 and 80-1873.

652 F.2d 972 (1981)

UNITED STATES of America, Plaintiff-Appellee, v. Joseph J. ROGERS, Terry C. Pappageorge, Anthony M. Lorenzo, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

Decided July 1, 1981.

Attorney(s) appearing for the Case

Janis E. Chapman, Asst. U. S. Atty. for D. of Colorado, Denver, Colo. (Joseph F. Dolan, U. S. Atty. for D. Colorado, Denver, Colo., with her on brief), for plaintiff-appellee.

Arthur M. Schwartz of Arthur M. Schwartz, P. C., Denver, Colo., for defendant-appellant Terry C. Pappageorge.

James M. Smith, Denver, Colo., for defendant-appellant Anthony M. Lorenzo.

Jonathan L. Olom of Marks & Olom, Denver, Colo., for defendant-appellant Joseph J. Rogers.

Before BARRETT and LOGAN, Circuit Judges, and KERR, District Judge.

KERR, District Judge.

Defendants-Appellants Joseph J. Rogers (Rogers), Terry C. Pappageorge (Pappageorge) and Anthony M. Lorenzo (Lorenzo) were charged in a three count indictment with the unlawful transfer, receipt and possession of a firearm. Count II charged all three defendants with unlawfully transferring an unregistered .45 caliber machine gun in violation of 26 U.S.C. § 5861(e). Counts I and III charged defendants Pappageorge and Lorenzo with possession...

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