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UNITED STATES v. BESS

No. 78-5095.

593 F.2d 749 (1979)

UNITED STATES of America, Plaintiff-Appellee, v. Robert Earl BESS, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided February 28, 1979.

As Amended April 11, 1979.

Attorney(s) appearing for the Case

Thomas L. Osborne, Osborne, Deatherage & Fletcher, Hopkinsville, Ky., for defendant-appellant.

Albert Jones, U. S. Atty., James H. Barr, Asst. U. S. Atty., Louisville, Ky., for plaintiff-appellee.

Before CELEBREZZE and KEITH, Circuit Judges, and PHILLIPS, Senior Circuit Judge.

KEITH, Circuit Judge.

A jury convicted appellant Robert Earl Bess, of concealing and retaining United States Government property worth over $100 while knowing that the property had been unlawfully converted. 18 U.S.C. § 641. As this case presents yet another instance of prosecutorial misconduct by the United States Attorney's office for the Western District of Kentucky, we reverse and remand for a new trial.

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