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UNITED STATES v. MAHLER

No. 26329.

442 F.2d 1172 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. Ernest Eugene MAHLER, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied July 9, 1971.

Attorney(s) appearing for the Case

Warren E. Haviland, Jr., of Hetter, Glick & Haviland, San Diego, Cal., for defendant-appellant.

Richard K. Burke, U. S. Atty., Stanley L. Patchell, Asst. U. S. Atty., Tucson, Ariz., for plaintiff-appellee.

Before DUNIWAY and ELY, Circuit Judges, and BYRNE, District Judge.

DUNIWAY, Circuit Judge:

Convicted of travelling from California to Arizona for the purpose of committing extortion (Ariz.R.S. § 13-401), a violation of 18 U.S.C. § 1952(a) (3), Mahler appeals. We affirm.

Mahler's victim had been his paramour, and during their relationship he had taken many photographs of her and of the two of them together. They were of such character that, if seen by others, they could be more than a little damaging to her. At the...

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