UNITED STATES v. FLAHERTY

Nos. 80-1782 to 80-1784.

668 F.2d 566 (1981)

UNITED STATES of America, Appellee, v. Thomas E. FLAHERTY, Defendant, Appellant. UNITED STATES of America, Appellee, v. James R. KEARNS, Jr., Defendant, Appellant. UNITED STATES of America, Appellee, v. Stuart H. WAHL, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided November 12, 1981.


Attorney(s) appearing for the Case

Nelson S. Baker, Boston, Mass., by appointment of the Court, for defendant, appellant Thomas E. Flaherty.

Jeanne Baker, Cambridge, Mass., with whom Stephanie A. Cleverdon, and Baker & Fine, Cambridge, Mass., were on brief, for defendant, appellant James R. Kearns, Jr.

William A. Brown, Boston, Mass., by appointment of the Court, with whom Brown & Prince, Boston, Mass., was on brief, for defendant, appellant Stuart H. Wahl.

Frank J. Marine, Atty. Dept. of Justice, Washington, D.C., with whom Edward L. Harrington, U. S. Atty., Boston, Mass., was on brief, for appellee.

Before ALDRICH, CAMPBELL and BOWNES, Circuit Judges.


BOWNES, Circuit Judge.

Thomas E. Flaherty, James R. Kearns, Jr., and Stuart H. Wahl appeal jury convictions of conspiring to receive and possess a stolen interstate shipment of beef in violation of 18 U.S.C. § 371 and of receiving and possessing a stolen interstate shipment of beef in violation of 18 U.S.C. § 659. The appellants were also indicted for aiding and abetting under 18 U.S.C. § 2, but were acquitted on that charge. Seven issues are presented...

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