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UNITED STATES v. WINSTON

No. 22917.

447 F.2d 1236 (1971)

UNITED STATES of America v. Frank W. WINSTON, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided June 30, 1971.

Attorney(s) appearing for the Case

Mr. Benjamin R. Achenbach, Jr., Washington, D. C., with whom Mr. Robert Reed Gray, Washington, D. C. (both appointed by this Court) was on the brief, for appellant.

Mr. Terry P. Segal, Asst. U. S. Atty. with whom Messrs. Thomas A. Flannery, U. S. Atty., and John A. Terry, Asst. U. S. Atty., were on the brief, for appellee.

Before BAZELON, Chief Judge, LEVENTHAL, Circuit Judge, and MATTHEWS, Senior Judge, U. S. District Court for the District of Columbia.

LEVENTHAL, Circuit Judge:

The appellant was convicted of assault with intent to commit robbery, assault with a dangerous weapon, and possession of a pistol without a license. He was sentenced to eight years of imprisonment under the Youth Corrections Act. We cannot sustain the conviction on the present record, but conclude that in the interest of justice the record should be remanded to clarify a matter that may provide a basis for sustaining the conviction.

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