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UNITED STATES v. MARLIN

Nos. 72-1187 to 72-1189.

471 F.2d 764 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. Guy MARLIN et al., Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided November 29, 1972.

Rehearing Denied January 26, 1972.

Attorney(s) appearing for the Case

Edward G. Maag, Belleville, Ill., James J. Massa, Collinsville, Ill., for defendants-appellants.

Donald B. Mackay, U. S. Atty., Max E. Goodwin, Asst. U. S. Atty., Springfield, Ill., for plaintiff-appellee.

Before HASTINGS, Senior Circuit Judge, CUMMINGS, Circuit Judge, and GORDON, District Judge.

MYRON L. GORDON, District Judge.

The appellants in this action were convicted of breaking the seals of a certain railroad car and stealing three cases of Pabst canned beer in violation of 18 U.S.C. §§ 2, 659 and 2117. The appellants Morgan and Marlin (who had no previous convictions) were sentenced to prison terms of three years and six years, respectively. The appellant Edwards (with one previous conviction) received a sentence of eight years.

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