UNITED STATES v. TRIPLE D, INC.

No. 85-5569.

797 F.2d 196 (1986)

UNITED STATES of America, Appellant, v. TRIPLE D, INC.; Douglas Gilman Brown, Sr., d/b/a D & D, Incorporated, and Satellite TV Magazine, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided August 7, 1986.


Attorney(s) appearing for the Case

Lawrence R. Clance, Atty. Advisor, F.C.C. (Jack D. Smith, Gen. Counsel; Daniel M. Armstrong, Associate Gen. Counsel, F.C.C., Washington, D.C., Charles R. Brewer, U.S. Atty., Jerry W. Miller, Asst. U.S. Atty., Asheville, N.C., on brief) for appellant.

Gary S. Smithwick (Keith & Smithwick, Winston-Salem, N.C., Charles E. McCartney, Jr., Yelton, Farfour & McCartney, P.A., Shelby, N.C., on brief), for appellee.

Before RUSSELL and MURNAGHAN, Circuit Judges, and BUTZNER, Senior Circuit Judge.


MURNAGHAN, Circuit Judge:

Douglas Gilman Brown, pursuant to a plea agreement, on August 5, 1985 pleaded guilty to charges under 47 U.S.C. § 302a of unlawfully manufacturing, selling and shipping electrical items commonly known as "linear amplifiers" which could be used to increase beyond legal limits the power and range of citizens band radios. A condition of the plea agreement concerned the matter of forfeiture of certain manufactured items involved, providing...

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