MYRON L. GORDON, District Judge.
The appellant challenges his conviction on the third count of an indictment which charged him with interstate transportation of explosives on July 3, 1976, with the intent to have such explosives used to intimidate individuals and damage property, in violation of 18 U.S.C. §§ 844(d) and 2. The jury was unable to reach a verdict on counts 1 and 2, and a mistrial as to those counts was declared by the district court.
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