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UNITED STATES v. SWAIM

No. 79-5202.

642 F.2d 726 (1981)

UNITED STATES of America, Appellee, v. David G. SWAIM, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided March 5, 1981.

Rehearing Denied April 29, 1981.

Attorney(s) appearing for the Case

Norman B. Smith, Greensboro, N. C. (Smith, Patterson, Follin, Curtis, James & Harkavy, Greensboro, N. C., on brief), for appellant.

Benjamin H. White, Jr., Asst. U. S. Atty., Greensboro, N. C. (H. M. Michaux, Jr., U. S. Atty., Durham, N. C., Becky M. Strickland, Paralegal Specialist, on brief), for appellee.

Before RUSSELL, WIDENER and PHILLIPS, Circuit Judges.

WIDENER, Circuit Judge:

The defendant, the acting station manager and supervisor of the Hilltop Station Post Office in Greensboro, North Carolina, was convicted of five counts of filing false accounts with the United States Postal Service in violation of 18 U.S.C. § 2073. The defendant's indictment was occasioned by his alleged failure to report, on form 1412A, postage sales on August 4, 1978, September 12, 1978, October 2, 1978, December 1, 1978, and December...

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