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UNITED STATES v. CLUTTERBUCK

No. 23598.

421 F.2d 485 (1970)

UNITED STATES of America, Plaintiff-Appellee, v. John Joseph CLUTTERBUCK, Defendant-Appellant.

United States Court of Appeals Ninth Circuit.

January 20, 1970.

Attorney(s) appearing for the Case

James E. Hogan (argued), Davis, Cal., William H. Lally, of Lally, Martin & Chidlaw, Louis N. Desmond, of Desmond, Miller, Desmond & West, Sacramento, Cal., for defendant-appellant.

James J. Simonelli (argued), Asst. U. S. Atty., John P. Hyland, U. S. Atty., for plaintiff-appellee.

Before MADDEN, Judge of the Court of Claims, and MERRILL and CARTER, Circuit Judges.

MERRILL, Circuit Judge.

Appellant was convicted of theft of Government property in excess of $100 in value, in violation of 18 U.S.C. § 641.1 He was given concurrent sentences of ten years on each of four counts and on one of the counts was fined $10,000.2 The sole question presented on appeal is whether the Government established that the value of the articles stolen exceeded $100.

On four separate...

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