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UNITED STATES v. SMYER

Nos. 78-1134, 78-1135.

596 F.2d 939 (1979)

UNITED STATES of America, Plaintiff-Appellee, v. William R. SMYER and Byron R. May, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

Decided April 2, 1979.

Rehearing Denied April 30, 1979.

Attorney(s) appearing for the Case

Robert Bruce Collins, Asst. U. S. Atty., Albuquerque, N. M. (Victor R. Ortega, U. S. Atty., Albuquerque, N. M., with him, on brief), for plaintiff-appellee.

Frederick H. Sherman, Deming, N. M. (Sherman & Sherman, Deming, N. M., with him, on briefs), for defendants-appellants.

Before McWILLIAMS, BREITENSTEIN and McKAY, Circuit Judges.

BREITENSTEIN, Circuit Judge.

After trial to the court without a jury, the defendants-appellants were found guilty of each count of an eleven-count information charging violations of 16 U.S.C. § 433 which relates to American antiquities. They received 90-day concurrent sentences on each count.

The offenses occurred in the Mimbres Ranger District, Gila National Forest, New Mexico. Count I charges that, without permission from the Secretary of Agriculture...

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