UNITED STATES v. KIMBROUGH

No. 72-3578.

481 F.2d 421 (1973)

UNITED STATES of America, Plaintiff-Appellee, v. Cleveland KIMBROUGH, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

July 9, 1973.


Attorney(s) appearing for the Case

Drayton Nabers, Jr., Birmingham, Ala., court appointed, for defendant-appellant.

Wayman G. Sherrer, Albert C. Bowen, Jr., Birmingham, Ala., for plaintiff-appellee.

Before GEWIN, THORNBERRY and SIMPSON, Circuit Judges.


GEWIN, Circuit Judge:

On May 18, 1972, a two-count indictment was returned charging the appellant with passing, uttering and publishing two counterfeit Federal Reserve Notes in violation of 18 U.S.C. § 472. A jury found him guilty on each count and a sentence of two consecutive five year terms was imposed.1

On this appeal, Kimbrough presents two contentions which he maintains require a reversal of his conviction. First, he...

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