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KAMINSKI v. UNITED STATES

No. 71-3173 Summary Calendar.

460 F.2d 996 (1972)

Selig KAMINSKI, a/k/a Sol Kaye, Defendant-Appellant, v. UNITED STATES of America, Plaintiff-Appellee.

United States Court of Appeals, Fifth Circuit.

May 15, 1972.

Attorney(s) appearing for the Case

H. Elliot Wales, New York City, for defendant-appellant.

Robert W. Rust, U. S. Atty., Harold F. Keefe, Asst. U. S. Atty., Miami, Fla., Lloyd G. Bates, Jr., Asst. U. S. Atty., Miami, Fla., for plaintiff-appellee.

Before JOHN R. BROWN, Chief Judge, and GOLDBERG and MORGAN, Circuit Judges.

LEWIS R. MORGAN, Circuit Judge:

This appeal presents the single issue of whether the evidence introduced at appellant Kaye's jury trial was sufficient to warrant his conviction on both counts of a two-count indictment of breaking into a post office at Boynton Beach, Florida, to commit larceny (18 U.S.C. § 2115) and damage to government property (18 U.S.C. § 1361) for which offenses Kaye was sentenced to imprisonment for five years on Count One and a three...

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