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UNITED STATES v. LEWIS

No. 74-1242.

504 F.2d 92 (1974)

UNITED STATES of America, Plaintiff-Appellee, v. Joe LEWIS and Tommy Allen Combs, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided October 8, 1974.

Attorney(s) appearing for the Case

Dan Jack Combs, Combs & Combs, Pikeville, Ky., on brief, for defendants-appellants.

Eugene E. Siler, U. S. Atty., John M. Compton, Eldon L. Webb, Asst. U. S. Attys., Lexington, Ky., on brief, for plaintiff-appellee.

Before PHILLIPS, Chief Judge, and WEICK and ENGEL, Circuit Judges.

PHILLIPS, Chief Judge.

Joe Lewis and Tommy Allen Combs appeal from a jury conviction for transporting stolen explosive materials in violation of 18 U.S.C. § 842(h).1 We affirm.

I. Facts

About midnight on Sunday, September 3, 1972, two Kentucky state policemen were in a rural area of Perry County investigating a "drunk complaint of a pickup truck that was supposed to be red." A red Chevrolet pickup truck with...

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