UNITED STATES v. TIBBETTS

No. 76-2438.

565 F.2d 867 (1977)

UNITED STATES of America, Appellee, v. Paul Maurice TIBBETTS, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided November 21, 1977.


Attorney(s) appearing for the Case

Brent E. Beveridge, Fairmont, W. Va., for appellant.

Stephen G. Jory, U. S. Atty., Elkins, W. Va. (William A. Kolibash, Asst. U. S. Atty., Wheeling, W. Va., on brief), for appellee.

Before BRYAN, Senior Circuit Judge, and RUSSELL and HALL, Circuit Judges.


PER CURIAM:

Convicted of making a false bomb threat on May 3, 1976 to the Federal No. 2 Mine, Eastern Associated Coal Corporation, Fairview, West Virginia, in violation of 18 U.S.C. § 844(e), Paul Maurice Tibbetts appeals. His major assignment of error is the trial court's admission into evidence of a tape recording of a prior telephone bomb threat in his voice made almost six months earlier—December 10, 1975—to the No. 2 Mine. We affirm.

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