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UNITED STATES v. MACHADO

No. 71-1912.

457 F.2d 1372 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. Raymond Earl MACHADO, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

April 12, 1972.

Attorney(s) appearing for the Case

Gary D. Weatherford (argued), George H. Lerg, II, of Ferris, Weatherford, Brennan & Lerg, San Diego, Cal., for defendant-appellant.

James W. Brannigan, Jr. (argued), Washington D. C., Harry D. Steward, U. S. Atty., San Diego, Cal., for plaintiff-appellee.

Before DUNIWAY and TRASK, Circuit Judges, and BYRNE, District Judge.

BYRNE, District Judge:

Appellant Machado was a civilian employed at the Camp Pendleton Marine Base in the "Recreational Branch of the Section of the Base Special Services." As a "Recreation Specialist", Machado was charged with "direct supervision" of the section's ticket office. In essence, it was Machado's responsibility to oversee the daily ticket sales1 and to make an accounting thereof. According to the evidence adduced at trial,...

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