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  5. 598 F.2d 1149 (1979)
 

UNITED STATES v. GUGLIELMINI

Nos. 77-3758, 77-3759.

598 F.2d 1149 (1979)

UNITED STATES of America, Plaintiff-Appellee, v. Frank GUGLIELMINI, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Robert HERKO, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

As Amended on Denial of Rehearing and Rehearing June 21, 1979.

Attorney(s) appearing for the Case

Anne Flower Cumings (argued), Cumings, Jordan & Morgan, Berkeley, Cal., for Herko.

Floy E. Dawson, Eb F. Luckel, Asst. U.S. Atty., San Francisco, Cal., for the United States.

Paul M. Goorjian, Goorjian & McCabe, San Francisco, Cal., for Guglielmini.

Before KILKENNY, TRASK and SNEED, Circuit Judges.

As Amended on Denial of Rehearing and Rehearing En Banc June 21, 1979.

TRASK, Circuit Judge:

This appeal arises out of a conviction for violation on one count of Title 18 U.S.C. § 2314, interstate transportation of stolen property of a value in excess of $5,000. The indictment was returned in January 1977, in the Northern District of California. It charged Robert Herko, Sidney Fried, Frank Guglielmini,

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