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UNITED STATES v. DUNN

Nos. 73-1868, 73-1900.

494 F.2d 1280 (1974)

UNITED STATES of America, Appellee, v. James Alfred DUNN and William Carl Post, Appellants.

United States Court of Appeals, Eighth Circuit.

Decided April 18, 1974.

Attorney(s) appearing for the Case

Jack W. Meyer, Lincoln, Neb., on brief, for appellant in No. 73-1868.

Douglas L. Kluender, Lincoln, Neb., on brief, for appellant in No. 73-1900.

William K. Schaphorst, U. S. Atty., and Daniel E. Wherry, Asst. U. S. Atty., Lincoln, Neb., on brief for appellee.

Before MATTHES, Senior Circuit Judge, and ROSS and WEBSTER, Circuit Judges.

PER CURIAM.

Count I of an indictment charged that on or about August 15, 1973, William Carl Post, who was in the lawful custody of the United States Marshal for the District of Nebraska, did unlawfully and willfully attempt to escape from such custody in violation of 18 U.S.C. § 751 (a). Count II of the same indictment charged that from on or about July 15, 1973, to the date of the filing of the indictment (September 21, 1973) Post and James Alfred Dunn entered...

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