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UNITED STATES v. SMITH

No. 73-3629 Summary Calendar.

493 F.2d 24 (1974)

UNITED STATES of America, Plaintiff-Appellee, v. James Howard SMITH, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

April 24, 1974.

Attorney(s) appearing for the Case

J. V. Eskenazi, Federal Public Defender, Edward B. Greene, Asst. Public Defender, Miami, Fla., for defendant-appellant.

Robert W. Rust, U. S. Atty., Kerry J. Nahoom, Asst. U. S. Atty., Miami, Fla., for plaintiff-appellee.

Before WISDOM, GOLDBERG and GEE, Circuit Judges.

PER CURIAM:

This is an appeal from a conviction for transporting a stolen automobile in interstate commerce (Dyer Act).1 The jury found Smith guilty in October, 1973, and the court sentenced him to four years' imprisonment. The question for us is the sufficiency of the evidence to permit the jury's inference that the automobile which the defendant possessed was the same automobile which was stolen. We affirm.

On December 9, 1972...

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