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UNITED STATES v. FRANCISCO

No. 75-3668.

536 F.2d 1293 (1976)

UNITED STATES of America, Plaintiff-Appellee, v. Victor FRANCISCO, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

June 16, 1976.

Attorney(s) appearing for the Case

Frank R. Zapata, Asst. Federal Public Defender (argued), Tucson, Ariz., for defendant-appellant.

Chris Pickrell, Asst. U. S. Atty. (argued), Tucson, Ariz., for plaintiff-appellee.

Before SNEED and KENNEDY, Circuit Judges, and CONTI, District Judge.

OPINION

SNEED, Circuit Judge:

This case comes to us on appeal from the district court's denial of appellant's motion to dismiss the indictment and his motions for judgment of acquittal. Appellant contends that the indictment which had charged him with armed burglary in the nighttime, in violation of Title 18, United States Code, Section 1153, and Arizona Revised Statute, Section 13-302 had failed to allege a federal offense. Appellant also claims that the...

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