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UNITED STATES v. SMITH

Nos. 72-3217, 72-3218.

480 F.2d 664 (1973)

UNITED STATES of America, Plaintiff-Appellee, v. Dennis E. SMITH, Defendant-Appellant (two cases).

United States Court of Appeals, Fifth Circuit.

June 26, 1973.

Attorney(s) appearing for the Case

William A. Meadows, Jr., Eugene C. Heiman, Charles L. Neustein, Miami, Fla., for defendant-appellant.

Robert W. Rust, U. S. Atty., George A. Kokus, Asst. U. S. Atty., Miami, Fla., Mervyn Hamburg, Dept. of Justice, Washington, D. C., for plaintiff-appellee.

Before TUTTLE, GODBOLD and MORGAN, Circuit Judges.

LEWIS R. MORGAN, Circuit Judge:

After a jury trial, Dennis Smith was convicted of conspiring to travel in interstate commerce to carry on an unlawful activity, and the completed substantive act of the unlawful traveling, in violation of 18 U.S.C. §§ 371, 1951 and 1952. He was sentenced to imprisonment for concurrent terms of one year. Upon due consideration, we remand for a new trial.

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