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UNITED STATES v. CIMINI

Nos. 20002, 20003.

427 F.2d 129 (1970)

UNITED STATES of America, Plaintiff-Appellee, v. Anthony CIMINI and John J. O'Malley, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

June 1, 1970.

Attorney(s) appearing for the Case

Carl Ziemba, Detroit, Mich., for appellants; Louisell & Barris, by Carl Ziemba, Detroit, Mich., on brief.

Michael B. Pollack, U. S. Dept. of Justice, Detroit, Mich., for appellee; James H. Brickley, U. S. Atty., Detroit, Mich., on brief; James E. Ritchie, Michael B. Pollack, Sp. Attys., U. S. Dept. of Justice, Detroit, Mich., of counsel.

Before PHILLIPS, Chief Judge, and COMBS and BROOKS, Circuit Judges.

PHILLIPS, Chief Judge.

John O'Malley and Anthony Cimini appeal their convictions by a jury for violation of 18 U.S.C. § 659 and for conspiracy under 18 U.S.C. § 371. Both were charged in two counts of a three count indictment. Count one charged them with conspiracy to steal, conceal and convert to their own use goods moving as or constituting an interstate shipment. Count three charged them with receiving and possessing...

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