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UNITED STATES v. LUTZ

No. 17842.

420 F.2d 414 (1970)

UNITED STATES of America v. Thomas M. LUTZ and Howard E. Olsen, III, Thomas M. Lutz, Appellant.

United States Court of Appeals Third Circuit.

Decided January 16, 1970.

Attorney(s) appearing for the Case

Stanford Shmukler, Philadelphia, Pa., for appellant.

Charles B. Burr, II, Asst. U. S. Atty., Philadelphia, Pa. (Louis C. Bechtle, U. S. Atty., Philadelphia, Pa., on the brief), for appellee.

Before McLAUGHLIN, FREEDMAN and ADAMS, Circuit Judges.

OPINION OF THE COURT

PER CURIAM.

The defendant, Thomas Lutz, was convicted for violation of the Federal Kidnapping Act, 18 U.S.C. § 1201(a). He and his co-defendant, Olsen, kidnapped a seventeen year old girl in Reading, Pennsylvania, and transported her to New York against her will. Lutz raped her twice in the course of the trip.

Olsen pleaded guilty and was sentenced. Lutz pleaded not guilty. At Lutz's first trial, a jury was waived, but a...

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