Horace Roy Richardson, Appellant, v. United States of America, Appellee, 342 F.2d 417 (5th Cir. 1965)

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US Court of Appeals for the Fifth Circuit - 342 F.2d 417 (5th Cir. 1965) March 12, 1965

Horace Roy Richardson, Leavenworth, Kan., for appellant.

Jamie Boyd, Asst. U. S. Atty., Ernest Morgan, U. S. Atty., Fred J. Morton, Asst. U. S. Atty., El Paso, Tex., for appellee.

Before TUTTLE, Chief Judge, and BROWN and FRIENDLY,*  Circuit Judges.

PER CURIAM:


We follow the decisions of the Court of Appeals for the Sixth and Ninth Circuits in United States v. Decker, 292 F.2d 89, cert. den. 368 U.S. 834, 82 S. Ct. 58, 7 L. Ed. 2d 36; Frye v. United States, 315 F.2d 491 and Starks v. United States, 316 F.2d 45, holding Section 5821 of Title 26 U.S.C.A. constitutional.

The judgment is affirmed.

 *

Of the Second Circuit, sitting by designation

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