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ROBINSON v. UNITED STATES

Nos. 17454, 17455.

333 F.2d 323 (1964)

Henry Lee ROBINSON, Appellant, v. UNITED STATES of America, Appellee. Ira WESTMORELAND, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Eighth Circuit.

June 16, 1964.

Attorney(s) appearing for the Case

James A. Bell, St. Louis, Mo., for appellants.

Richard D. FitzGibbon, Jr., U. S. Atty., Stephen H. Gilmore, and John A. Newton, Asst. U. S. Attys., St. Louis, Mo., for appellee.

Before VOGEL, MATTHES, and RIDGE, Circuit Judges.

RIDGE, Circuit Judge.

Appellants, charged with possession of dresses stolen from a freight shipment constituting a part of interstate commerce, knowing the same to have been stolen, in violation of Section 659, Title 18 U.S.C.A., were by jury verdict found guilty and each sentenced to "two (2) YEARS as to and under the charges contained in the Indictment."

But for the fact that the District Court granted appellants...

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