Legal Opinion

United States v. James Patrick Morningstar

Court of Appeals for the Fourth Circuit

Decided March 20, 1972No. 71-1988PublishedCited by 37 opinions

1Opinion of the Court

BUTZNER, Circuit Judge:

The United States appeals from an order of the district court which dismissed a multicount indictment that charged James Patrick Morningstar with unlawfully transporting, concealing, and possessing a “firearm, being a destructive device consisting of black powder pellet explosive and blasting caps” in violation of 18 U.S.C. §§ 922(i) and (j) and 26 U.S.C. § 5861(b), (c), and (d). 1 The district court held that these materials were not a destructive device within the meaning of the Omnibus Crime Control and Safe Streets Act and the National Firearms Act, as amended by…

2Cases cited6 opinions

  1. United States v. HarrissSupreme Court of the United States · 1954
  2. United States v. Alfred Earl HarflingerCourt of Appeals for the Eighth Circuit · 1971
  3. United States of America, and v. Richard J. Oba, AndCourt of Appeals for the Ninth Circuit · 1971
  4. Irvin Joseph Langel v. United StatesCourt of Appeals for the Eighth Circuit · 1971
  5. United States v. DavisDistrict Court, D. Connecticut · 1970

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3Cited by37 opinions

  1. United States v. Harold F. Mayo, Jr. And Mark A. McGarghanCourt of Appeals for the Second Circuit · 1983
  2. United States v. Thomas Edward UzenskiCourt of Appeals for the Fourth Circuit · 2006
  3. United States v. Joseph H. FleischliCourt of Appeals for the Seventh Circuit · 2002
  4. United States v. Ronald Willet MetzgerCourt of Appeals for the Sixth Circuit · 1985
  5. United States v. William Tankersley and Frank A. Stefanelli, Jr.Court of Appeals for the Seventh Circuit · 1974

32 more not listed; retrieve them via the Exa API.

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