TRASK, Circuit Judge:
On February 4, 1976, appellee was indicted for allegedly violating 18 U.S.C. § 659, theft from a foreign shipment (count one) and possession of goods known to have been stolen from a foreign shipment (count two). Appellee pleaded not guilty, and a jury trial was held between April 19, and April 23, 1976. Appellee was found guilty on both counts of the indictment. However, on April 29, 1976, after hearing oral argument on appellee's motion...
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