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UNITED STATES v. BABCOCK

No. 75-1285.

530 F.2d 1051 (1976)

UNITED STATES of America, Appellee, v. Tim M. BABCOCK, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided February 10, 1976.

As Amended March 3, 1976.

Rehearing Denied March 30, 1976.

Attorney(s) appearing for the Case

Raymond G. Larroca, Washington, D.C., with whom Herbert J. Miller, Jr., Washington, D.C., was on the brief for appellant.

Thomas F. McBride, Asst. Sp. Prosecutor, Washington, D.C., for appellee. Henry S. Ruth, Jr., Sp. Prosecutor, Peter M. Kreindler, Counsel to the Prosecutor, Kenneth S. Geller and James L. Quarles, III, Asst. Sp. Prosecutors, Washington, D.C., were on the brief for appellee.

Before LEVENTHAL and WILKEY, Circuit Judges and SOLOMON, United States Senior District Judge for the District of Oregon.

SOLOMON, Senior District Judge:

Tim Babcock pleaded guilty to a misdemeanor charging him with aiding Armand Hammer make illegal campaign contributions in violation of the Federal Election Campaign Act of 1971. 2 U.S.C. §§ 440 and 441; 18 U.S.C. § 2. The district court sentenced Babcock to a short prison term under Section 441(a). Babcock argues on appeal that Subsection (b) of Section 441 limits Subsection...

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