Legal Opinion

United States v. Benton F. Thomas

Court of Appeals for the Fifth Circuit

Decided February 3, 1978No. 77-5206PublishedCited by 12 opinions

1Opinion of the Court

VAN PELT, Senior District Judge:

Benton F. Thomas appeals (A) his conviction on both counts of a two count indict ment charging him with (1) possessing a firearm, in this case a silencer, which had not been registered to him in violation of 26 U.S.C. §§ 5861(d) and 5871, and (2) transferring said silencer without having paid a transfer tax as required by 26 U.S.C. § 5811, in violation of 26 U.S.C. §§ 5861(e) and 5871, and (B) the denial of his motion for judgment of acquittal. Concurrent sentences of a year and a day were imposed on each count.

Thomas’ contentions on appeal are:(1) that 26…

2Cases cited4 opinions

  1. United States v. HarrissSupreme Court of the United States · 1954
  2. Burns v. AlcalaSupreme Court of the United States · 1975
  3. United States v. Frank RaganoCourt of Appeals for the Fifth Circuit · 1975
  4. United States v. SchrumDistrict Court, E.D. Virginia · 1972

3Cited by12 opinions

  1. Magwood v. SmithCourt of Appeals for the Eleventh Circuit · 1986
  2. Federal Election Commission v. Florida for Kennedy CommitteeCourt of Appeals for the Eleventh Circuit · 1982
  3. United States v. Edwin LuceCourt of Appeals for the First Circuit · 1984
  4. United States v. SilbermanDistrict Court, M.D. Florida · 1979
  5. Huffines v. State, Texas Court of Appeals, 5th District (Dallas)1983

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