United States v. Clyde Marvin Thompson, Jr.

OPINION OF THE COURT

MARIS, Circuit Judge.

The defendant, Clyde Marvin Thompson, Jr., appeals from a judgment of the District Court for the District of Delaware adjudging him guilty of unlawfully possessing, in violation of 26 U.S.C. § 5851, a sawed-off shotgun which had been made in violation of 26 U.S.C. § 5821.

Prior to trial the defendant filed two motions: one, to suppress evidence on the ground that the shotgun was the fruit of a search incident to an unlawful arrest, and, the other, for dismissal of the indictment on the ground that 26 U.S.C. § 5851 violates the defendant’s constitutional…