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UNITED STATES v. FALCO

No. 72-2429.

478 F.2d 1376 (1973)

UNITED STATES of America, Plaintiff-Appellee, v. Frank FALCO, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

May 23, 1973.

Attorney(s) appearing for the Case

David M. Rothman (argued), Beverly Hills, Cal., for defendant-appellant.

John K. Cameron, Jr., Asst. U. S. Atty. (argued), William D. Keller, U. S. Atty., Eric A. Nobles, Asst. U. S. Atty., Los Angeles, Cal., for plaintiff-appellee.

Before ELY and TRASK, Circuit Judges, and EAST, District Judge.

OPINION

EAST, District Judge:

STATEMENT OF THE CASE

A three count indictment was returned against the defendant-appellant Frank Falco (Falco) charging violation of 18 U.S.C. Section 371, Conspiracy to Embezzle and Steal Government Property; 18 U.S.C. Section 641, Theft of Government Property; and 18 U.S.C. Section 111, Assaulting a Federal Officer.

The government dismissed Count 3 prior to trial and the jury found Falco guilty on Counts...

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