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UNITED STATES v. SIZEMORE

No. 79-5104-5.

632 F.2d 8 (1980)

UNITED STATES of America, Plaintiff-Appellee, v. Frank SIZEMORE and Elzie Sizemore, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided October 9, 1980.

Attorney(s) appearing for the Case

Richard Plymale, Deputy Federal Defender, R. M. Murphy, Asst. Federal Defender, Lexington, Ky., for Elzie Sizemore.

Ernie Lee Woods, Somerset, Ky. (Court Appointed), for Frank Sizemore.

Patrick H. Molloy, U. S. Atty., Robert F. Trevey, Asst. U. S. Atty., Lexington, Ky., for the U. S.

Before KENNEDY and JONES, Circuit Judges, and PHILLIPS, Senior Circuit Judge.

CORNELIA G. KENNEDY, Circuit Judge.

On September 20, 1978 about 10:00 p. m., a car belonging to Greene Lunsford which he had parked in front of his house in Reed's Branch, Clay County, Kentucky was destroyed by an explosion. Defendants Elzie Sizemore and Frank Sizemore were convicted by a jury of making the destructive device which caused the explosion without paying the required tax and possessing an unregistered destructive device in violation of 26 U.S.C. §...

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