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UNITED STATES v. MECHANIC

Nos. 71-1022, 71-1117.

454 F.2d 849 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. Howard MECHANIC, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Lawrence KOGAN, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Rehearing and Rehearing Denied January 13, 1972.

Attorney(s) appearing for the Case

Louis Gilden, St. Louis, Mo., for appellants.

Jerry J. Murphy, Asst. U. S. Atty., St. Louis, Mo., for appellee.

David A. Lander, University, Mo., for American Civil Liberties Union of Eastern, Mo., for amicus curiae.

Before VAN OOSTERHOUT, HEANEY and ROSS, Circuit Judges.

Rehearing and Rehearing En Banc Denied January 13, 1972.

HEANEY, Circuit Judge.

The defendants, Howard Mechanic and Lawrence Kogan, bring direct appeals from their convictions by juries for violation of 18 U.S.C. § 231(a) (3), one of the anti-riot provisions of the Civil Obedience Act of 1968. Mechanic was sentenced to five years in the custody of the Attorney General; Kogan was sentenced under the provisions of 18 U.S.C. § 4208 (b).

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