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UNITED STATES v. MINYARD

No. 71-2228.

461 F.2d 931 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. Dale Duane MINYARD, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied July 14, 1972.

Attorney(s) appearing for the Case

Charles F. Moses (argued), Robert L. Stephens, Jr., of Sandall, Moses & Cavan, Billings, Mont., for defendant-appellant.

Keith L. Burrowes, Asst. U. S. Atty. (argued), Otis L. Packwood, U. S. Atty., Billings, Mont., for plaintiff-appellee.

Before HAMLEY, BROWNING and WRIGHT, Circuit Judges.

HAMLEY, Circuit Judge:

Dale Duane Minyard appeals from his conviction on eight counts1 of a seventeen-count indictment charging that, on various dates in June and July, 1969, he obtained by fraud, from the individual named in each count, money which was the subject of a grant or contract of assistance pursuant to the Economic Opportunity Program, in violation of 42 U.S.C. § 2703. Two-year concurrent sentences were imposed.

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