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U.S. v. ONE TRW, MODEL M14, 7.62 CALIBER RIFLE

No. 04-5082.

441 F.3d 416 (2006)

UNITED STATES of America, Plaintiff-Appellee, v. ONE TRW, MODEL M14, 7.62 CALIBER RIFLE, Serial Number 1488973 from William K. Alverson, Defendant, William K. Alverson, Claimant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: March 20, 2006.

Attorney(s) appearing for the Case

ARGUED: Richard E. Gardiner, Fairfax, Virginia, for Appellant. David Y. Olinger, Jr., Assistant United States Attorney, Lexington, Kentucky, for Appellee. ON BRIEF: Richard E. Gardiner, Fairfax, Virginia, for Appellant. David Y. Olinger, Jr., Assistant United States Attorney, Lexington, Kentucky, for Appellee.

Before: MOORE, GIBBONS, and GRIFFIN, Circuit Judges.

MOORE, J., delivered the opinion of the court, in which GIBBONS, J., joined.

GRIFFIN, J. (pp. 425-29), delivered a separate dissenting opinion.

OPINION

KAREN NELSON MOORE, Circuit Judge.

This case involves a forfeiture of the Defendant weapon pursuant to 26 U.S.C. § 5872(a) because the weapon was found to be a machinegun within the terms of the National Firearms Act ("NFA"), 26 U.S.C. § 5845(b), and was not registered to the Claimant...

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