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UNITED STATES v. ACHTENBERG

No. 71-1392.

459 F.2d 91 (1972)

UNITED STATES of America, Appellee, v. Joel ACHTENBERG, Appellant.

United States Court of Appeals, Eighth Circuit.

Rehearing and Rehearing Denied May 23, 1972.

Attorney(s) appearing for the Case

Irving Achtenberg, Kansas City, Mo., Norman S. London, St. Louis, Mo., for appellant; Robert Popper, Kansas City, Mo., of counsel.

Edward S. Christenbury, Atty., Dept. of Justice, Washington, D. C., Daniel Bartlett, Jr., U. S. Atty., Jerry J. Murphy, Asst. U. S. Atty., Robert C. Mardian, Asst. Atty. Gen., Robert L. Keuch, Atty., Dept. of Justice, Washington, D. C., for appellee.

Before VAN OOSTERHOUT and STEPHENSON, Circuit Judges, and REGISTER, Senior District Judge.

VAN OOSTERHOUT, Circuit Judge.

Defendant Joel Achtenberg has taken this timely appeal from his conviction by a jury on an indictment charging violation of 18 U.S.C.A. § 2153(a) and the resulting sentence of fifteen years imprisonment imposed. The indictment charges:

"That on or about May 4-5, 1970, at which time there was in force and effect at all times a state of national emergency proclaimed by the President of the United States, at St. Louis County...

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