Legal Opinion

United States v. Donard Anthony Clements, Also Known as Donald Anthony Clements

Court of Appeals for the Ninth Circuit

Decided December 26, 1972No. 71-1753PublishedCited by 49 opinions

1Opinion of the Court

HUFSTEDLER, Circuit Judge:

Clements appeals from his conviction for violating the National Firearms Act (26 U.S.C. § 5861(e), (d) and (f)). He contends that the evidence was insufficient to sustain his conviction, that an illegal search may have tainted a search warrant, and that his sentence was invalid.

It was stipulated at trial that Clements had not paid a making tax or registered as a maker of a firearm covered by the Act. The only contested factual issue was whether or not Clements made the Molotov cocktail that was thrown through the window of a police officer’s home. Although the…

2Cases cited17 opinions

  1. Blockburger v. United StatesSupreme Court of the United States · 1931
  2. United States v. BassSupreme Court of the United States · 1971
  3. Bell v. United StatesSupreme Court of the United States · 1955
  4. Gore v. United StatesSupreme Court of the United States · 1958
  5. Rewis v. United StatesSupreme Court of the United States · 1971

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

3Cited by49 opinions

  1. Richard E. Brown v. United StatesCourt of Appeals for the Ninth Circuit · 1980
  2. United States v. Justin Rone, United States of America v. Roy Dupont LittleCourt of Appeals for the Ninth Circuit · 1979
  3. United States v. German Hernandez-MirandaCourt of Appeals for the Ninth Circuit · 1979
  4. United States v. James W. AlversonCourt of Appeals for the Ninth Circuit · 1982
  5. United States v. Jozsef Tibor Wiga, United States of America v. Jozsef Tibor WigaCourt of Appeals for the Ninth Circuit · 1981

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

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