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UNITED STATES v. McMAINS

No. 76-1091.

540 F.2d 387 (1976)

UNITED STATES of America, Appellant, v. Duane Thomas McMAINS, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided July 30, 1976.

Attorney(s) appearing for the Case

Allen L. Donielson, U. S. Atty., and Paul A. Zoss, Asst. U. S. Atty., Des Moines, Iowa, Joseph Ciolino, Atty., Crim. Div., U. S. Dept. of Justice, Washington, D. C., for appellant.

Patrick J. Life, Oskaloosa, Iowa, on brief, for appellee.

Before HEANEY, ROSS and STEPHENSON, Circuit Judges.

ROSS, Circuit Judge.

The United States appeals from a district court order directing that all records of Duane Thomas McMains' 1971 federal conviction for misprision of a felony be expunged.

In 1971 an Information was filed in the district court, charging McMains with concealing and failing to report a robbery of a federally insured bank, in violation of 18 U.S.C. § 4. McMains entered a plea of guilty and was sentenced to three years probation under the...

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