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UNITED STATES v. HAWTHORNE

No. 79-1732.

626 F.2d 87 (1980)

UNITED STATES of America, Plaintiff-Appellee, v. James Robert HAWTHORNE, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided July 16, 1980.

Rehearing Denied September 11, 1980.

Attorney(s) appearing for the Case

Joseph Milchen, San Diego, Cal., for defendant-appellant.

Robert D. Rose, Asst. U. S. Atty., San Diego, Cal., argued for plaintiff-appellee; Brian Michaels, Sp. Asst. U. S. Atty., San Diego, Cal., on brief.

Before ALARCON and NELSON, Circuit Judges, and JAMESON, District Judge.

PER CURIAM:

James Robert Hawthorne was convicted, following a court trial, of conducting an illegal gambling business in violation of 18 U.S.C. § 1955.1 On appeal he contends that (1) the indictment should have been dismissed because two attorneys appointed to assist the United States Attorney were not authorized to conduct the grand jury proceedings resulting in the indictment; and (2) the evidence was insufficient to support the...

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