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UNITED STATES v. SHAPIRO

No. 15677.

383 F.2d 680 (1967)

UNITED STATES of America, Plaintiff-Appellee, v. Raymond Charles SHAPIRO, Defendant-Appellant.

United States Court of Appeals Seventh Circuit.

August 24, 1967.

Attorney(s) appearing for the Case

Dennis J. Horan, Chicago, Ill., for appellant.

Alfred W. Moellering, U. S. Atty., Fort Wayne, Ind., Jerome M. Feit, Dept. of Justice, Washington, D. C., Fred M. Vinson, Jr., Asst. Atty. Gen., Beatrice Rosenberg, Atty., Criminal Division, Dept. of Justice, Washington, D. C., Kenneth P. Fedder, Asst. U. S. Atty., South Bend, Ind., for plaintiff-appellee.

Before HASTINGS, Chief Judge, DUFFY, Senior Circuit Judge, SCHNACKENBERG, KNOCH, CASTLE, KILEY, SWYGERT, FAIRCHILD, and CUMMINGS, Circuit Judges.

FAIRCHILD, Circuit Judge.

Defendant Shapiro, a prison inmate, was convicted by a jury of a violation of 18 U.S.C.A. § 876, entitled "Mailing threatening communications." He was sentenced to a five-year term to run consecutively with the sentence he was already serving.

On appeal, defendant claims (1) that there is a fatal variance between the indictment and the proof, (2) that the trial court erred in admitting...

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