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UNITED STATES v. CLUTTERBUCK

No. 26518.

445 F.2d 839 (1971)

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

United States Court of Appeals, Ninth Circuit.

Certiorari Denied October 12, 1971.

Attorney(s) appearing for the Case

John R. Lewis, Jr. (argued), of Desmond, Miller, Desmond & West, Sacramento, Cal., for appellant.

Richard W. Nichols, Asst. U. S. Atty. (argued), Dwayne Keyes, U. S. Atty., Sacramento, Cal., for appellee.

Before MERRILL, BROWNING and HUFSTEDLER, Circuit Judges.

Certiorari Denied October 12, 1971. See 92 S.Ct. 108.

MERRILL, Circuit Judge:

Appellant was convicted of theft of Government property in excess of $100, 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 count he was fined $10,000.

On appeal we found that the Government had "failed to prove the value of the articles...

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