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UNITED STATES v. McGOVERN

Nos. 81-1606, 81-1607.

661 F.2d 27 (1981)

UNITED STATES of America v. McGOVERN, James Daniel a/k/a James D. Perino, Scull, John Thomas. Appeal of James Daniel McGOVERN. UNITED STATES of America v. McGOVERN, James Daniel a/k/a James D. Perino, Scull, John Thomas. Appeal of John Thomas SCULL.

United States Court of Appeals, Third Circuit.

Decided October 5, 1981.

Rehearing and Rehearing Denied November 27, 1981.

Certiorari Denied January 11 and February 22, 1982.

Attorney(s) appearing for the Case

George E. Schumacher, Federal Public Defender, Pittsburgh, Pa., for appellant James Daniel McGovern.

Philip B. Friedman, Erie, Pa., for appellant John Thomas Scull.

Robert J. Cindrich, U. S. Atty., Paul J. Brysh, Asst. U. S. Atty., Daniel Stolzer, Legal Intern, Pittsburgh, Pa., for appellee.

Before ALDISERT, HIGGINBOTHAM, and SLOVITER, Circuit Judges.

Submitted Under Third Circuit Rule 12(6) September 24, 1981.

Rehearing and Rehearing In Banc Denied November 27, 1981.

Certiorari Denied January 11 and February 22, 1982. See 102 S.Ct. 1031, 1453.

OPINION OF THE COURT

ALDISERT, Circuit Judge.

The question for decision is whether the appellants' conduct constituted a violation of paragraph four of 18 U.S.C. § 2314:

Whoever, with unlawful or fraudulent intent, transports...

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