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UNITED STATES v. BROWN

No. 75-2484.

551 F.2d 639 (1977)

UNITED STATES of America, Plaintiff-Appellee, v. Mary Cullar BROWN and Edwin Richard Brown, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

April 28, 1977.

Attorney(s) appearing for the Case

Louis M. Jepeway, Jr. (Court-Apptd.), Miami, Fla., for M. Brown.

Michael P. Gale (Court-Apptd.), Elliot S. Shaw, Miami, Fla., for E. Brown.

Robert W. Rust, U.S. Atty., J. Daniel Ennis, Asst. U.S. Atty., Miami, Fla., for plaintiff-appellee.

Before GOLDBERG, SIMPSON and FAY, Circuit Judges.

SIMPSON, Circuit Judge:

Mary Cullar Brown and Edwin Richard Brown were named defendants with co-defendants, Phyllis Brown and Marion Williams, in a four count indictment. Count I charged that the four persons conspired between August 7 and August 13, 1974, to unlawfully steal and possess Sears Merchandise Certificates having a value in excess of $100, which were part of an interstate shipment, in violation of Title 18, U.S.C., Section 659, and alleged several overt...

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