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UNITED STATES v. RESNICK

No. 29706.

455 F.2d 1127 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. Errol B. RESNICK et al., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied June 2, 1972.

Attorney(s) appearing for the Case

James M. Russ, Michael F. Cycmanick, Orlando, Fla., Law Offices of James M. Russ, for Errol B. Resnick & Robert Jay Carlton, court-appointed for John Thomas Simpson.

Robert W. Duckworth, Orlando, Fla., for John Phillip Davis, court-appointed.

John L. Briggs, U. S. Atty., Kendell W. Wherry, Asst. U. S. Atty., Orlando, Fla., for plaintiff-appellee.

Before GODBOLD, SIMPSON and CLARK, Circuit Judges.

Rehearing and Rehearing En Banc Denied June 2, 1972.

GODBOLD, Circuit Judge:

Appellants were charged with melting silver currency of the United States in violation of 18 U.S.C. § 2, 31 U.S.C. § 395, 31 C.F.R. § 82, and 18 U.S.C. § 371, and conspiracy to commit that substantive offense. On January 31, 1970, Resnick was found guilty of both charges, Carlton of only the conspiracy charge, and Davis and Simpson of only the melting charge. All...

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