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UNITED STATES v. FRITZ

No. 77-1027.

580 F.2d 370 (1978)

UNITED STATES of America, Appellee, v. Robert Earl FRITZ, Appellant.

United States Court of Appeals, Tenth Circuit.

Decided July 3, 1978.

Attorney(s) appearing for the Case

Douglas B. Comer, Asst. U. S. Atty., Topeka, Kan., and Jerome Feit, Deputy Chief, App. Section, Dept. of Justice, Crim. Div., Washington, D. C., for appellee.

David J. Phillips, Asst. Federal Public Defender, Kansas City, Kan., for appellant.

Before SETH, Chief Judge, and HOLLOWAY, McWILLIAMS, BARRETT, DOYLE, McKAY and LOGAN, Circuit Judges.

Submitted En Banc May 9, 1978.

BARRETT, Circuit Judge.

Robert Earl Fritz (Fritz) appeals from a jury verdict of guilty and subsequent sentencing following trial on a two-count indictment charging that on July 27, 1976, he (1) wilfully and knowingly transported one Rick Lee Simpson in interstate commerce from Kansas to Iowa after having kidnapped him for ransom, in violation of 18 U.S.C.A. § 1201, and (2) wilfully and knowingly transported in interstate...

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