United States v. Leonard Anthony Solario

577 F.2d 554 UNITED STATES of America, Plaintiff-Appellee, v. Leonard Anthony SOLARIO, Defendant-Appellant. No. 77-3605. United States Court of Appeals, Ninth Circuit. June 23, 1978. E. Richard Walker, Federal Defender, Sacramento, Cal., for defendant-appellant. Thomas T. Couris, Asst. U. S. Atty., Sacramento, Cal., for plaintiff-appellee. Appeal from the United States District Court for the Eastern District of California. Before DUNIWAY, WRIGHT and CHOY, Circuit Judges. CHOY, Circuit Judge: 1 Leonard Solario appeals from his conviction for violation of 26 U.S.C. § 5861 (d), receiving or possessing a firearm not registered to him in the National Firearms Registration and Transfer Record. We reverse. 2 * On May 17, 1977, four search warrants were issued to recover a revolver alleged to be in the possession of appellant's brother, George Solario. The warrants authorized the search of George Solario himself, his truck, his residence and the home of his parents (the Solario home). The warrants were based upon an affidavit in which the affiant, a special agent of the United States Treasury Department, said that a reliable informant had told him that he had: 3 1. Seen George…