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UNITED STATES v. SWANN

No. 23392.

441 F.2d 1053 (1971)

UNITED STATES of America v. John C. SWANN, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided February 17, 1971.

Attorney(s) appearing for the Case

Mr. H. David Rosenbloom, Washington, D. C., with whom Mr. Mortimer M. Caplin, Washington, D. C. (both appointed by this Court) was on the brief, for appellant.

Mr. Gregory C. Brady, Asst. U. S. Atty., with whom Messrs. Thomas A. Flannery, U. S. Atty., John A. Terry, and John F. Rudy, II, Asst. U. S. Attys., were on the brief, for appellee.

Before TAMM and ROBB, Circuit Judges, and NICHOLS, Judge, United States Court of Claims.

ROBB, Circuit Judge:

The appellant Swann was indicted in the District of Columbia and tried and convicted there for violation of 18 U.S.C. § 1503.1 The indictment, in two counts, alleged:

"FIRST COUNT: "On or about July 6, 1968, within the District of Columbia, John C. Swann, on account of one Pauline Hawkins having theretofore attended and testified as a witness for the United States in a proceeding entitled United...

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