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UNITED STATES v. BALDWIN

No. 79-1306.

607 F.2d 1295 (1979)

UNITED STATES of America, Plaintiff-Appellee, v. Joe Don BALDWIN, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

November 9, 1979.

Attorney(s) appearing for the Case

Tom O'Toole, Federal Public Defender, Phoenix, Ariz., for defendant-appellant.

Kenneth L. Fields, Asst. U. S. Atty., Phoenix, Ariz., for plaintiff-appellee.

Before KENNEDY and ANDERSON, Circuit Judges, and CLAIBORNE, District Judge.

CLAIBORNE, District Judge:

Appellant, Joe Don Baldwin, was indicted, tried, and convicted of one count under 18 U.S.C. § 641 of stealing cacti from United States government-owned land. His conviction was based primarily upon the testimony of two agents of the Arizona Commission of Agriculture and Horticulture, and also upon the expert testimony of a professor of dendrochronology at the Laboratory of Tree Ring Research, University of Arizona.

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