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UNITED STATES v. ANTONICK

No. 71-2574.

481 F.2d 935 (1973)

UNITED STATES of America, Appellee, v. Charles Steven ANTONICK, Appellant.

United States Court of Appeals, Ninth Circuit.

As Modified on Denial of Rehearing and Rehearing July 13, 1973.

Attorney(s) appearing for the Case

Clay G. Diamos (argued), of O'Dowd, Fahringer & Diamos, Tucson, Ariz., for appellant.

Ann Bowen, Asst. U. S. Atty. (argued), Richard K. Burke, U. S. Atty., Tucson, Ariz., for appellee.

Before BARNES and WALLACE, Circuit Judges, and BYRNE, District Judge.

As Modified on Denial of Rehearing and Rehearing En Banc July 13, 1973.

OPINION

BARNES, Circuit Judge:

Appellant Antonick was convicted by a jury on Counts III and IV of a four count indictment; and found not guilty on Counts I and II. Count III was a substantive count, alleging that appellant and one Joyce Battaglia on June 24, 1970, used extortionate means (i. e., threats of violence) to collect, or attempt to collect, $5,000 from one Donald Lee...

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