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UNITED STATES v. GREEN

No. 78-1237.

594 F.2d 1227 (1979)

UNITED STATES of America, Appellee, v. Oscar GREEN, Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied April 18, 1979.

Attorney(s) appearing for the Case

John D. O'Connor, Asst. U.S. Atty. (argued), San Francisco, Cal., for the United States.

J. Frank McCabe (argued), of Goorjian & McCabe, San Francisco, Cal., for Oscar Green.

Before BROWNING and KENNEDY, Circuit Judges, and DUMBAULD, District Judge.

KENNEDY, Circuit Judge:

Appellant Oscar Green was charged with one count of theft of government property and retention of the same knowing that it was stolen, in violation of 18 U.S.C. § 641, and one count of conspiracy to commit that offense, in violation of 18 U.S.C. § 371. The jury acquitted Green on the substantive count and convicted him for the conspiracy.

The conspiracy charge was that Green agreed with others to steal copper cable from the...

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