U.S. v. ALLEN

No. 87-7536 Non-Argument Calendar.

842 F.2d 1265 (1988)

UNITED STATES of America, Plaintiff-Appellant, v. Sidney ALLEN, Jr., Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

April 22, 1988.


Attorney(s) appearing for the Case

Frank W. Donaldson, U.S. Atty., William Simpson, Asst. U.S. Atty., Birmingham, Ala., for plaintiff-appellant.

Sarah S. Hunt, Birmingham, Ala., for defendant-appellee.

Before KRAVITCH, JOHNSON and ANDERSON, Circuit Judges.


PER CURIAM:

Defendant-appellee, Allen, was convicted by the jury of possession of a firearm which was not registered, thus violating 26 U.S.C. § 5861(d). The "firearm" in this case was a destructive device consisting of a partially filled gasoline can, with a red cloth wick inserted in the spout. The district court granted Allen's motion for acquittal notwithstanding the jury verdict of guilty, finding that the appellant, the United States, did not prove beyond...

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