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UNITED STATES v. FITTS

No. 77-1428.

576 F.2d 837 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. John Thomas FITTS, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Decided May 8, 1978.

Rehearing Denied June 22, 1978.

Attorney(s) appearing for the Case

Elmer Lee Hamby, Denver, Colo., for defendant-appellant.

Betty Outhier Williams, Asst. U. S. Atty., Muskogee, Okl. (Richard A. Pyle, U. S. Atty., and John R. Osgood, Asst. U. S. Atty., Muskogee, Okl., on the brief), for plaintiff-appellee.

Before BARRETT, DOYLE and LOGAN, Circuit Judges.

LOGAN, Circuit Judge.

John Thomas Fitts was convicted after a jury trial in the United States District Court for the Eastern District of Oklahoma on four counts: The first two counts, charged under 18 U.S.C. § 500, relate to a stolen United States postal money order possessed and passed on January 31, 1977, by defendant-appellant Fitts alone. The other two counts, charged under 18 U.S.C. §§ 500 and 2, relate to a stolen United States postal money order...

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