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UNITED STATES v. COTNER

No. 80-1500.

657 F.2d 1171 (1981)

The UNITED STATES of America, Plaintiff-Appellee, v. Robert Eugene COTNER, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Decided September 4, 1981.

Attorney(s) appearing for the Case

Richard N. Stuckey of Keene, Munsinger & Stuckey, Denver, Colo., for defendant-appellant.

Kathleen Flanagan, Asst. U. S. Atty., Oklahoma, Okl. (Larry D. Patton, U. S. Atty., and Susie Pritchett, Asst. U. S. Atty., Oklahoma City, Okl., with her on the briefs), for the Western District of Oklahoma, for plaintiff-appellee.

Before BARRETT and SEYMOUR, Circuit Judges, and BROWN, District Judge.

WESLEY E. BROWN, District Judge.

This is a criminal appeal in which Robert Cotner was convicted by jury of the offense of mailing a threatening communication through the mail, in violation of 18 U.S.C.A. § 876.

The evidence established that an advertisement appeared in the February, 1980 issue of "Soldier of Fortune" magazine which read:

Now hiring for exciting, high risk undercover stateside work. Send resume to R.E.C., Box 129, Bixby, Oklahoma...

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