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eBook details

• Title: Nunez v. United States
• Author : United States Court of Appeals for the Fifth Circuit
• Release Date : January 04, 1967
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 52 KB

Description

The appellant, Victor Louis Nunez, and one Peter James Schwander were tried by a jury in the United States District Court for the eastern District of Louisiana and convicted of the possession and improper transfer of an unregistered weapon, a ""sawed-off"" shotgun, or weapon1 in violation of the National Firearms Act, 26 U.S.C. §§ 5851, 5814 and 5841. On appellant's motion brought pursuant to 28 U.S.C. § 2255 that portion of the conviction relating to failure to register the weapon was dismissed by the district court and appellant's sentence was amended accordingly. The pertinent facts may be briefly stated. On the night of March 13, 1964, Nunez and Linda Jean Hendley were riding in an automobile driven by Peter James Schwander when two detectives of the New Orleans Police Department observed the vehicle being driven in a reckless manner. The officers pursued the vehicle for several blocks whereupon Schwander parked the car and he and Hendley alighted. The officers approached the vehicle and found Nunez lying on the front seat and ordered him to get out of the car. The officers then observed a sawed-off shotgun in its case lying near the driver's side of the car, partially beneath the front seat. A search of Nunez disclosed shotgun shells of the same gauge as the weapon. Thereafter, Nunez and Schwander were tried and convicted of the possession and improper transfer of the above described weapon and Nunez appeals from this conviction.

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