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UNITED STATES v. MATTHEWS

No. 22310.

419 F.2d 1177 (1969)

UNITED STATES of America v. Charles MATTHEWS, Appellant.

United States Court of Appeals District of Columbia Circuit.

Decided November 10, 1969.

Attorney(s) appearing for the Case

Mr. John A. McGuinn, Washington, D. C. (appointed by this court), for appellant.

Mr. Robert S. Bennett, Asst. U. S. Atty., with whom Messrs. David G. Bress, U. S. Atty., at the time the brief was filed, Frank Q. Nebeker, Asst. U. S. Atty., at the time the brief was filed, and Carl S. Rauh, Asst. U. S. Atty., were on the brief, for appellee.

Mr. Thomas A. Flannery, U. S. Atty., also entered an appearance for appellee.

Before WRIGHT, McGOWAN and TAMM, Circuit Judges.

McGOWAN, Circuit Judge:

Indicted for burglary in the second degree, petit larceny, and engaging in a riot (22 D.C.Code §§ 1801(b), 2202, and 1122(b) (1967)), appellant was acquitted by a jury in the District Court of the first such offense, but found guilty of the other two. Given consecutive sentences of three and six months, respectively, for petit larceny and riot, appellant challenges in this court only the conviction for riot.1

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