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EUBANKS v. UNITED STATES

No. 19140.

336 F.2d 269 (1964)

James Horace EUBANKS, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied November 4, 1964.

Attorney(s) appearing for the Case

Michael Lacagnina, Boyle, Bilby, Thompson & Shoenhair, Tucson, Ariz., for appellant.

C. A. Muecke, U. S. Atty., Jo Ann D. Diamos, Asst. U. S. Atty., Tucson, Ariz., for appellee.

Before JERTBERG and DUNIWAY, Circuit Judges, and JAMESON, District Judge.

DUNIWAY, Circuit Judge:

Eubanks was convicted in the District Court for the District of Arizona of a violation of 18 U.S.C. § 2312, familiarly known as the Dyer Act, by transporting a motor vehicle in interstate commerce, knowing the vehicle to have been stolen.

Eubanks was indicted on June 4, 1963. He was then in the custody of Texas authorities, under sentence for an offense against that jurisdiction. On October 7, 1963, he was brought to the District...

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