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UNITED STATES v. BOYD

No. 79-5162.

620 F.2d 129 (1980)

UNITED STATES of America, Plaintiff-Appellee, v. Raymond BOYD, Jr., Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided April 28, 1980.

Attorney(s) appearing for the Case

Dennis A. Lieberman, Dayton, Ohio (Court-appointed), for defendant-appellant.

James C. Cissell, U. S. Atty., Dayton, Ohio, William R. Martin, Cincinnati, Ohio, for plaintiff-appellee.

Before MERRITT, KENNEDY and BOYCE F. MARTIN, Jr., Circuit Judges.

BOYCE F. MARTIN, Jr., Circuit Judge.

Raymond Boyd, Jr. appeals from a jury conviction of breaking into a mail receptacle (Count I) and unlawfully abstracting a letter (Count II) in violation of 18 U.S.C. §§ 1705 and 1708, respectively. He received consecutive sentences of one year's imprisonment on Count I and three years on Count II.

Boyd bases his appeal on the following contentions: (1) the prosecutor, in his closing argument to the jury, violated...

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