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UNITED STATES v. CARLSON

No. 76-1515.

561 F.2d 105 (1977)

UNITED STATES of America, Appellee, v. Everett CARLSON, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided September 13, 1977.

Attorney(s) appearing for the Case

Theodore K. Hoch, by appointment of the Court, with whom Fitzgerald, Donovan, Conley & Day, Bath, Me., was on brief, for appellant.

Rufus E. Stetson, Jr., Asst. U.S. Atty., with whom Peter Mills, U.S. Atty., Portland, Me., was on brief, for appellee.

Before COFFIN, Chief Judge, MOORE, Circuit Judge, and CAMPBELL, Circuit Judge.

LEVIN H. CAMPBELL, Circuit Judge.

Everett C. Carlson and three others were charged in count one of a three-count indictment as follows:

"That on or about July 1, 1976, in the Southern Division of the District of Maine, EVERETT C. CARLSON, JOSEPH A. ACETO, RICHARD J. PICARIELLO and EDWARD P. GULLION, JR., did transport in interstate commerce, from Portland, Maine, to the District of Massachusetts, explosives, that...

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