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UNITED STATES v. PICARIELLO

No. 77-1139.

568 F.2d 222 (1978)

UNITED STATES of America, Appellee, v. Richard J. PICARIELLO, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided January 13, 1978.

Attorney(s) appearing for the Case

Lewis S. Gurwitz, Boston, Mass., by appointment of the court, and Barry S. Gerstein, Cambridge, Mass., for appellant.

George J. Mitchell, U.S. Atty., Portland, Me., with whom Elizabeth M. Edson, Asst. U.S. Atty., Portland, Me., was on brief, for appellee.

Before COFFIN, Chief Judge, BOWNES, Circuit Judge, and GORDON, District Judge.

BOWNES, Circuit Judge.

Defendant was convicted pursuant to 18 U.S.C. § 844(d) and 18 U.S.C. § 2 of transporting in interstate commerce explosives with the knowledge and intent that the explosives would be used to intimidate individuals and to damage and destroy buildings and other real and personal property. He appeals from that conviction on assorted grounds. We examine each in turn.

I.

Defendant asserts that a so-called "target list,...

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