UNITED STATES v. GUPTON

No. 73-3726 Summary Calendar.

495 F.2d 550 (1974)

UNITED STATES of America, Plaintiff-Appellee, v. Robert Walker GUPTON, Jr., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

June 10, 1974.


Attorney(s) appearing for the Case

Timothy A. Johnson, Jr., Clearwater, Fla. (Court-appointed), for defendant-appellant.

John L. Briggs, U. S. Atty., Jacksonville, Fla., Claude H. Tison, Jr., Asst. U. S. Atty., Tampa, Fla., for plaintiff-appellee.

Before GEWIN, GODBOLD and CLARK, Circuit Judges.


GODBOLD, Circuit Judge:

Appellant was indicted under 18 U.S. C. § 1951 for threatening physical violence to the property of an airline in furtherance of a plan to obstruct interstate commerce by extortion.1 Convicted and sentenced to the statutory maximum of 20 years, appellant appeals, alleging insufficient evidence and variance between the indictment and the proof. Because in this case the two issues merge, we treat them as one...

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