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UNITED STATES v. ESPINOZA

No. 79-5035.

641 F.2d 153 (1981)

UNITED STATES of America, Appellee, v. Joseph Jesse ESPINOZA, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided February 5, 1981.

Rehearing and Rehearing Denied March 9, 1981.

Attorney(s) appearing for the Case

Roger Jon Diamond, Pacific Palisades, Cal. (Hecht, Diamond & Greenfield, Pacific Palisades, Cal., on brief), for appellant.

E. Leslie Hoffman, III, Asst. U. S. Atty., Charleston, W. Va. (Robert B. King, U. S. Atty., James S. Arnold, Asst. U. S. Atty., Charleston, W. Va., on brief), for appellee.

Before HALL and PHILLIPS, Circuit Judges, and STAKER, District Judge.

Rehearing and Rehearing En Banc Denied March 9, 1981.

STAKER, District Judge:

Joseph Jesse Espinoza, appellant here, and J-E Enterprises, Inc., a California corporation (J-E), were jointly indicted and tried, and each was found guilty and convicted, in the United States District Court for the Southern District of West Virginia, at Charleston, upon each of two counts, the first charging that in violation of 18 U.S.C. § 371, they conspired with each other...

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