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U.S. v. FREDMAN

No. 87-5120.

833 F.2d 837 (1987)

UNITED STATES of America, Plaintiff-Appellee, v. Frank FREDMAN, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided December 2, 1987.

Attorney(s) appearing for the Case

Carlton F. Gunn, Deputy Federal Public Defender, Los Angeles, Cal., for defendant-appellant.

Jeffrey C. Eglash, Asst. U.S. Atty., Crim. Div., Los Angeles, Cal., for plaintiff-appellee.

Before TANG, SCHROEDER and BEEZER, Circuit Judges.

BEEZER, Circuit Judge:

Frank Fredman appeals his conviction for possession of unregistered firearms in violation of 26 U.S.C. § 5861(d). Fredman claims a "protective sweep" of his home violated his Fourth Amendment rights and was not justified by exigent circumstances. Fredman also claims that component parts of a commercial explosive found at his residence fail to constitute "firearms" under 26 U.S.C. § 5861(d). We reverse the conviction without addressing...

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