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UNITED STATES v. SHER

No. 23749.

421 F.2d 784 (1970)

UNITED STATES of America, Plaintiff-Appellee, v. Daniel Henry SHER, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

February 4, 1970.

Attorney(s) appearing for the Case

William H. Mullen, Seattle, Wash., for defendant-appellant.

John M. Darrah, Asst. U. S. Atty., Eugene G. Cushing, U. S. Atty., Seattle, Wash., for plaintiff-appellee.

Before MERRILL, KOELSCH and WRIGHT, Circuit Judges.

MERRILL, Circuit Judge.

Appellant, in the District Court for the Western District of Washington, was convicted of receiving and possessing a firearm in violation of 26 U.S.C. § 58511 which had been transferred in violation of 26 U.S.C. § 5814.2 The firearm in question was a Steyr machine gun, possession of which is made a crime under Washington State law.3

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