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UNITED STATES v. ALLEN

No. 78-1715.

596 F.2d 227 (1979)

UNITED STATES of America, Plaintiff-Appellee, v. Joseph ALLEN, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided April 10, 1979.

Rehearing and Rehearing Denied June 11, 1979.

Attorney(s) appearing for the Case

Michael P. Seng, Chicago, Ill., for defendant-appellant.

Scott Turow, Asst. U. S. Atty., Chicago, Ill, for plaintiff-appellee.

Before PELL, Circuit Judge, MARKEY, Chief Judge, and WOOD, Circuit Judge.

Rehearing and Rehearing In Banc Denied June 11, 1979.

HARLINGTON WOOD, Jr., Circuit Judge.

On March 29, 1977, the grand jury returned a two count indictment against the defendant Joseph Allen.1 The first count charged him with conspiring in September 1976 to steal approximately 44,000 pounds of beef from an interstate shipment in violation of 18 U.S.C. § 371. The second count alleged that Allen embezzled goods and chattels...

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