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UNITED STATES v. MITCHELL

Nos. 72-1233, 72-1234.

462 F.2d 583 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. Robert Lee MITCHELL, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. William Charles STROHMEIR, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

June 15, 1972.

Attorney(s) appearing for the Case

Philip A. DeMassa, William J. Zumwalt, San Diego, Cal., for defendants-appellants.

Harry D. Steward, U. S. Atty., Thomas M. Coffin, Stephen G. Nelson, Asst. U. S. Attys., San Diego, Cal., for plaintiff-appellee.

Before MERRILL, TRASK and GOODWIN, Circuit Judges.

PER CURIAM:

Robert Lee Mitchell and William Charles Strohmeir appeal from their respective convictions for conspiring to steal government property (two M-14 rifles), valued in excess of $100 in violation of 18 U.S.C. §§ 371 and 641;1 and of assault with intent to commit a felony (the theft of the rifles), in violation of 18 U.S.C. § 113(b). We affirm.

The principal error complained of concerns the manner in which...

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