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UNITED STATES v. NEARY

No. 75-1781.

552 F.2d 1184 (1977)

UNITED STATES of America, Plaintiff-Appellee, v. Joseph J. NEARY, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided March 31, 1977.

Rehearing and Rehearing Denied June 8, 1977.

Attorney(s) appearing for the Case

Thomas D. Decker, Federal Defender Program, Chicago, Ill., for defendant-appellant.

Samuel K. Skinner, U. S. Atty., Chicago, Ill., William C. Brown, Atty., U. S. Dept. of Justice, Washington, D. C., for plaintiff-appellee.

Before FAIRCHILD, Chief Judge, PELL, Circuit Judge, and STECKLER, Chief District Judge.

Rehearing and Rehearing En Banc Denied June 8, 1977.

FAIRCHILD, Chief Judge.

On January 28, 1975 the defendant was indicted for concealing and disposing of securities moving in interstate commerce, valued at $5,000 or more, knowing them to have been stolen, in violation of 18 U.S.C § 2315. Under § 2315, the maximum term of imprisonment for this offense is ten years. On April 25, 1975, before trial, the...

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