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UNITED STATES v. NICHOLSON

No. 73-2680 Summary Calendar.

492 F.2d 124 (1974)

UNITED STATES of America, Plaintiff-Appellee, v. Eubergene NICHOLSON, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

April 4, 1974.

Attorney(s) appearing for the Case

Tommy C. Mann, Macon, Ga., for defendant-appellant.

William J. Schloth, U. S. Atty., Charles T. Erion, Asst. U. S. Atty., Macon, Ga., for plaintiff-appellee.

Before WISDOM, GOLDBERG and GEE, Circuit Judges.

PER CURIAM:

Defendant Eubergene Nicholson was indicted on two counts of misapplication of funds and receipt of funds with intent to injure and defraud the Sandersville Production Credit Association, in violation of 18 U.S.C. § 657 and 18 U.S. C. § 1006. Pursuant to Rule 23(a), Fed.R.Crim.P., defendant waived his right to trial by jury. The district court sitting without a jury convicted defendant on both counts and sentenced him to four months on Count 1...

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