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UNITED STATES v. WRIGHT

No. 74-1603.

511 F.2d 1311 (1975)

UNITED STATES of America v. Beachey L. WRIGHT, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided February 25, 1975.

Attorney(s) appearing for the Case

Fred Warren Bennett, Washington, D. C. (appointed by this Court), for appellant.

Paul N. Murphy, Asst. U. S. Atty., with whom Earl J. Silbert, U. S. Atty., John A. Terry and John H. Bayly, Jr., Asst. U. S. Attys., were on the brief for appellee.

Before BAZELON, Chief Judge, FAHY, Senior Circuit Judge, and TAMM, Circuit Judge.

BAZELON, Chief Judge:

Beachey L. Wright was convicted in United States District Court by a jury on January 30, 1974 of destroying the property of the United States.1 Thereafter, the District Court pursuant to Whalem v. United States, 120 U.S.App. D.C. 331, 346 F.2d 812, cert. denied, 382 U.S. 862, 86 S.Ct. 124, 15 L.Ed.2d 100 (1965) and its progeny2 raised sua sponte

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