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UNITED STATES v. COOPER

No. 71-1317.

473 F.2d 95 (1972)

UNITED STATES of America v. Joe Henry COOPER, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided November 8, 1972.

Attorney(s) appearing for the Case

Mr. Charles S. Vizzini, Washington, D. C., with whom Mr. Marvin R. Stern, Washington, D. C. (both appointed by this Court), was on the brief, for appellant.

Mr. James F. McMullin, Asst. U. S. Atty., with whom Messrs. Thomas A. Flannery, U. S. Atty., at the time the brief was filed, John A. Terry and John G. Gill, Jr., Asst. U. S. Attys., were on the brief, for appellee. Mr. Harold H. Titus, Jr., present U. S. Atty, also entered an appearance for appellee.

Before WRIGHT, LEVENTHAL and ROBB, Circuit Judges.

PER CURIAM:

Appellant Cooper was convicted of burglary in the second degree in violation of 22 D.C.Code § 1801(b), and sentenced on that count to serve two to six years. The case for the Government was that Cooper, an employee at a warehouse, secreted himself in the building after it was closed for the day at about 4:10 p. m. and was an accomplice of other men who came to the building late at night and removed two vacuum cleaners and their attachments through...

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