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UNITED STATES v. LeBRON

No. 83-1074.

729 F.2d 533 (1984)

UNITED STATES of America, Appellee, v. Roderick L. LeBRON, Jr., Appellant.

United States Court of Appeals, Eighth Circuit.

Decided March 5, 1984.

Attorney(s) appearing for the Case

Timothy J. Cuddigan, P.C., Marks, Clare, Hopkins, Rauth & Cuddigan and James Schaefer of the firm of Troia & Schaefer, Omaha, Neb., for appellant.

Ronald D. Lahners, U.S. Atty., D. Neb., Joseph F. Gross, Jr., Asst. U.S. Atty., D. Neb., Omaha, Neb., for appellee.

Before LAY, Chief Judge, BROWN, Senior Circuit Judge, and ARNOLD, Circuit Judge.

LAY, Chief Judge.

Roderick LeBron was convicted under 26 U.S.C. §§ 5861(d) and 5871 (1976) for knowingly possessing firearms that had not been registered to him.1 On appeal, LeBron asserts, inter alia, that the search of his home and seizure of the firearms was pursuant to an illegal warrant. We find that the warrant was impermissibly broad and that the seizure of the firearms was improper; we therefore reverse and remand...

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