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UNITED STATES v. POOLE

No. 76-3076.

557 F.2d 531 (1977)

UNITED STATES of America, Plaintiff-Appellee, v. Marvin Ruell POOLE, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied October 25, 1977.

Attorney(s) appearing for the Case

John Levy, Metairie, La., for defendant-appellant.

Donald E. Walter, U. S. Atty., D. H. Perkins, Jr., J. Ransdell Keene, Asst. U. S. Attys., Shreveport, La., for plaintiff-appellee.

Before MORGAN and RONEY, Circuit Judges, and KING, District Judge.

JAMES LAWRENCE KING, District Judge:

Marvin Ruell Poole was convicted in two counts of fraudulently selling a nonexistent heavy duty earth excavator to two separate victims in Illinois and Louisiana in violation of 18 U.S.C. § 2314.1 He contends that reversible error occurred when the trial court denied his motion for judgment of acquittal as to the second count2 because the proof failed to establish that...

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