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UNITED STATES v. ONE COIN-OPERATED GAMING DEVICE

No. 79-1482.

648 F.2d 1297 (1981)

UNITED STATES of America, Plaintiff-Appellee, v. ONE COIN-OPERATED GAMING DEVICE; Two Coin-Operated Gaming Devices and their Coin Contents of $181.15; One Coin-Operated Gaming Device and its Coin Contents of $397.40; One Coin-Operated Gaming Device and its Coin Contents of $.95; and One Coin-Operated Gaming Device and its Coin Contents of $111.50, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied July 21, 1981.

Attorney(s) appearing for the Case

Peter Everett IV, of D'Angelo, Everett, Vigil, Albuquerque, N. M., for defendants-appellants.

Richard J. Smith, Asst. U. S. Atty., Albuquerque, N. M. (R. E. Thompson, U. S. Atty., Albuquerque, N. M., with him on the brief), for plaintiff-appellee.

Before McWILLIAMS, DOYLE and LOGAN, Circuit Judges.

LOGAN, Circuit Judge.

This is an appeal from judicial forfeiture proceedings under 26 U.S.C. § 7302 in which six coin-operated gaming devices and the coins in those machines were declared forfeited for failure to pay gaming machine tax imposed by 26 U.S.C. § 4461 (repealed 1980).1 The owner, William Estes, filed this appeal, claiming (1) application of the law violates his Fifth Amendment rights against self-incrimination; (2...

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