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UNITED STATES v. MARINO

No. 79-5420.

617 F.2d 76 (1980)

UNITED STATES of America, Plaintiff-Appellee, v. Donald J. MARINO and Harvey Brower, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied June 6, 1980.

Attorney(s) appearing for the Case

Joseph L. DeCaporale, Jr., Providence, R.I. (Court-appointed), for Marino.

John F. Cicilline, Providence, R.I., Fletcher N. Baldwin, Gainesville, Fla., for Brower.

Dosite H. Perkins, Jr., Asst. U. S. Atty., Shreveport, La., for plaintiff-appellee.

Before TUTTLE, AINSWORTH and SAM D. JOHNSON, Circuit Judges.

Rehearing and Rehearing En Banc Denied June 6, 1980.

TUTTLE, Circuit Judge:

This is an appeal by Marino and Brower from their conviction for unlawfully conspiring to aid and abet the crime of bail jumping under 18 U.S.C. §§ 371 and 3150.

The only substantial issue on this appeal is whether there was sufficient evidence of Brower's participation in the crime to warrant submission of his case to the jury. Other questions, involving both Brower...

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