UNITED STATES v. SZYMKOWIAK

No. 83-3364.

727 F.2d 95 (1984)

UNITED STATES of America, Plaintiff-Appellee, v. Dennis R. SZYMKOWIAK, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided February 8, 1984.


Attorney(s) appearing for the Case

Jeffrey I. Goldstein, Lorin J. Zaner (argued), Goldstein & Zaner, Toledo, Ohio, for defendant-appellant.

Frederick H. McDonald (argued), Asst. U.S. Atty., Toledo, Ohio, for plaintiff-appellee.

Before MARTIN and JONES, Circuit Judges, and PHILLIPS, Senior Circuit Judge.


NATHANIEL R. JONES, Circuit Judge.

This case is presently before the Court upon Dennis Szymkowiak's appeal from his conviction for possession of an unregistered weapon in violation of 26 U.S.C. § 5861(d) and § 5871. Szymkowiak contends that the district court erred in failing to suppress the weapon, the seizure of which should not have been excused under the "plain view" exception to the Fourth Amendment warrant requirement. Upon consideration of the issues...

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