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UNITED STATES v. AUERBACH

No. 84-1160.

745 F.2d 1157 (1984)

UNITED STATES of America, Appellant, v. Wilbur Lee AUERBACH, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided October 1, 1984.

Attorney(s) appearing for the Case

Philip F. Miller, Des Moines, Iowa (Amy Christensen Couch, Des Moines, Iowa, on the brief), for appellee.

Richard C. Turner, U.S. Atty., S.D. Iowa, Des Moines, Iowa, Robert J. Erickson, Atty., Dept. of Justice, Washington, D.C., for the U.S.

Before ARNOLD and JOHN R. GIBSON, Circuit Judges, and DUMBAULD, District Judge.

JOHN R. GIBSON, Circuit Judge.

Wilbur Auerbach was convicted with his son, Thomas Auerbach, of dealing in firearms without being properly licensed in violation of 18 U.S.C. §§ 922(a)(1) and 924 (1982), and conspiracy to commit those offenses in violation of 18 U.S.C. § 371 (1982). They were represented by the same lawyer at the trial. After an unsuccessful appeal on other grounds, the district court1 sustained Wilbur's motion...

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