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UNITED STATES v. MARKS

No. 78-1555.

585 F.2d 899 (1978)

UNITED STATES of America, Appellee, v. Gary Waldo MARKS, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided October 18, 1978.

Attorney(s) appearing for the Case

David R. Freeman, Federal Public Defender, and R. Steven Brown, Asst. Federal Public Defender, Springfield, Mo., for appellant.

Ronald S. Reed, Jr., U. S. Atty., and J. Whitfield Moody, Asst. U. S. Atty., Kansas City, Mo., for appellee.

Before LAY, BRIGHT and ROSS, Circuit Judges.

BRIGHT, Circuit Judge.

Gary Waldo Marks appeals from his conviction after jury trial of knowingly and willfully mailing a letter threatening to injure the property of Charles E. Myers if $1,000 were not paid for the return of the property, in violation of 18 U.S.C. § 876 (1976). The district court1 suspended sentence and placed Marks on three years' probation. On appeal the sole issue for review is whether the Government produced...

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