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UNITED STATES v. TREVINO

No. 73-2595.

491 F.2d 74 (1974)

UNITED STATES of America, Plaintiff-Appellee, v. Oscar TREVINO, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

March 14, 1974.

Attorney(s) appearing for the Case

Gerard P. Nugent, Austin, Tex., (court-appointed), for defendant-appellant.

Anthony J. P. Farris, U. S. Atty., Robert Darden, Mary L. Sinderson, Asst. U. S. Attys., Houston, Tex., for plaintiff-appellee.

Before BELL, THORNBERRY and DYER, Circuit Judges.

BELL, Circuit Judge:

Appellant, a Postal Service employee, was convicted of violating Title 18, U.S. C.A. § 1709. This statute delineates two offenses. The question presented is whether appellant was charged with an offense under the statute. We reverse and remand, holding that the indictment failed to state an offense.

The indictment was challenged prior to trial as required by Rule 12(b) (2), F.R.Crim.P.

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