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UNITED STATES v. THWEATT

No. 22772.

433 F.2d 1226 (1970)

UNITED STATES of America v. Eugene E. THWEATT, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided June 30, 1970.

Attorney(s) appearing for the Case

Mr. Edward J. Hickey, Jr., Washington, D. C. (appointed by this Court), submitted on the brief, for appellant.

Mr. Broughton M. Earnest, Asst. U. S. Atty., with whom Messrs. Thomas A. Flannery, U. S. Atty., and John A. Terry, Asst. U. S. Atty., were on the brief, submitted on the brief for appellee.

Before TAMM, LEVENTHAL and MacKINNON, Circuit Judges.

TAMM, Circuit Judge:

On November 20, 1968, appellant was convicted of burglary in the second degree (22 D.C.Code § 1801(b) (Supp. III 1970)) and grand larceny (22 D.C.Code § 2201 (1967)); he was sentenced to serve a term of ten years under section 5010 (c) of the Youth Corrections Act (18 U.S.C. § 5010(c) (1964)). Appellant urges that his conviction should be reversed on the basis of two primary considerations: (1) that it was erroneous for the district...

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