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UNITED STATES v. GULLETT

Crim. A. No. 70-CR-243.

322 F.Supp. 272 (1971)

The UNITED STATES of America, Plaintiff, v. Edward D. GULLETT, Defendant.

United States District Court, D. Colorado.

January 11, 1971.

Attorney(s) appearing for the Case

James L. Treece, U. S. Atty. by Richard J. Spelts, Asst. U. S. Atty., Denver, Colo., and Harry H. Ellis, Senior Atty., Chief Counsel, I. R. S., Dallas, Tex., for plaintiff.

James E. Hautzinger, Denver, Colo., for defendant.

MEMORANDUM OPINION AND ORDER

ARRAJ, Chief Judge.

Defendant has been indicted in three counts for violating the National Firearms Act, 26 U.S.C. § 5801 et seq. (1964), as amended, 26 U.S.C. § 5801 et seq. (Supp.1970). He has moved to dismiss the indictment on two grounds: (1) a timely assertion of the fifth amendment privilege against self-incrimination is a complete defense to all charges; (2) the National Firearms Act, as amended, cannot be sustained...

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