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UNITED STATES v. GARNER

No. 79-1802.

632 F.2d 758 (1980)

UNITED STATES of America, Appellee, v. Roy Dalton GARNER, Appellant.

United States Court of Appeals, Ninth Circuit.

Decided October 6, 1980.

Rehearing Denied November 19, 1980.

Attorney(s) appearing for the Case

Burton Marks, Los Angeles, Cal., for appellant.

Samuel Coon, Asst. U. S. Atty., Reno, Nev., for appellee.

Before KILKENNY and FARRIS, Circuit Judges, and BELLONI, District Judge.

KILKENNY, Circuit Judge:

Appellant appeals from an order denying his motion to dismiss a seven count federal grand jury indictment charging him with: (1) violations of 18 U.S.C. § 1343 [fraud by wire]; (2) violations of 18 U.S.C. § 1952(a)(3) [interstate travel in aid of racketeering enterprise and use of interstate facility in the aid of a racketeering enterprise].

Appellant filed motions to dismiss the indictment on three grounds: (a) the indictment...

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