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UNITED STATES v. SOLIMINE

Nos. 75-1867, 75-2134 and 75-2369.

536 F.2d 703 (1976)

UNITED STATES of America, Appellee, v. Jerry Michael SOLIMINE, Appellant in No. 75-1867. Appeal of Samuel A. SOLIMINE, in No. 75-2134. Appeal of Julio Joseph PISCOPO, in No. 75-2369.

United States Court of Appeals, Sixth Circuit.

Argued March 29, 1976.

Decided June 18, 1976.

Attorney(s) appearing for the Case

Henry E. Sheldon, Cincinnati, Ohio, for appellant in No. 75-1867.

Mary Lee Garfield, Washington, D. C., for appellant in No. 75-2134.

Peter W. Swenty, Cincinnati, Ohio, for appellant in No. 75-2369.

William W. Milligan, U. S. Atty., Anthony W. Nyktas, Cincinnati, Ohio, for appellee.

Before PHILLIPS, WEICK and ADAMS, Circuit Judges.

No. 75-1867 Submitted March 29, 1976.

Nos. 75-2134 and 75-2369 Argued March 29, 1976.

ADAMS, Circuit Judge.

These appeals follow convictions in connection with the hijacking of a truckload of clothing. A variety of contentions are advanced by the defendants; the most significant concerns the question whether one may be convicted of both a theft and the possession of the goods stolen in the theft.

I.

The actual hijacking was done on...

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