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UNITED STATES v. FRANICEVICH

No. 71-2194.

465 F.2d 467 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. Motto FRANICEVICH, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied August 29, 1972.

Attorney(s) appearing for the Case

Virgil M. Wheeler, Jr., New Orleans, La., for defendant-appellant.

Gerald J. Gallinghouse, U. S. Atty., Patrick C. McGinity, Mary Williams Cazalas, Asst. U. S. Attys., New Orleans, La., for plaintiff-appellee.

Before JOHN R. BROWN, Chief Judge, and RIVES and CLARK, Circuit Judges.

RIVES, Circuit Judge:

A one count indictment charged that Franicevich conspired1 with Calvin J. Pelas, Sr., a coconspirator but not a co-defendant, to violate 18 U.S.C. § 22752 "by wilfully and feloniously removing the engines and navigational instruments of a vessel of the United States, with the intent to injure or endanger the safety of said vessel....

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