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UNITED STATES v. MILLER

No. 77-3173.

588 F.2d 1256 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. Lawrence Victor MILLER, a/k/a Larry Miller, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

As Amended an Denial of Rehearing and Rehearing January 3, 1979.

Attorney(s) appearing for the Case

Paul A. Mansfield, of San Jose, Cal., David S. Koslow (argued), of Hertzberg, Kaplan & Koslow, Los Angeles, Cal., for defendant-appellant.

James E. White, Asst. U. S. Atty. (argued), Fresno, Cal., Robert S. Griswold, Jr. (argued), San Francisco, Cal., for plaintiff-appellee.

Before BROWNING, CARTER and ANDERSON, Circuit Judges.

As Amended an Denial of Rehearing and Rehearing En Banc January 3, 1979.

JAMES M. CARTER, Circuit Judge:

Appellant Larry Miller was convicted of three counts of a twenty-one count information charging criminal contempt for violation of a court-ordered injunction, 18 U.S.C. § 401(3). He appeals both his conviction and his sentence.

The United States contends:

(1) the appeal is procedurally defective...

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