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UNITED STATES v. DeSHAZO

No. 77-5367 Summary Calendar.

565 F.2d 893 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. John Wesley DeSHAZO, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

January 4, 1978.

Attorney(s) appearing for the Case

Lucien B. Campbell, Fed. Public Defender, P. Joseph Brake, Asst. Fed. Public Defender, San Antonio, Tex., for defendant-appellant.

Jamie C. Boyd, U. S. Atty., LeRoy Morgan Jahn, W. Ray Jahn, Asst. U. S. Attys., San Antonio, Tex., for plaintiff-appellee.

Before GOLDBERG, CLARK and FAY, Circuit Judges.

PER CURIAM:

John Wesley DeShazo was convicted on a one count indictment charging him with violation of 18 U.S.C. § 8761 for knowingly and intentionally causing to be delivered by the United States Postal Service a communication containing a threat to injure then Senator Walter Mondale. The district court imposed the maximum sentence of five years' imprisonment. DeShazo maintains that the district court erred in refusing to instruct...

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