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UNITED STATES v. GROTH

No. 81-1525.

682 F.2d 578 (1982)

UNITED STATES of America, Plaintiff-Appellee, v. Mark Charles GROTH, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided June 29, 1982.

Attorney(s) appearing for the Case

Robert H. Roether, Bloomfield Hills, Mich. (Court Appointed), for defendant-appellant.

Leonard R. Gilman, U. S. Atty., Robert W. Donaldson, Asst. U. S. Atty., Detroit, Mich., for plaintiff-appellee.

Before EDWARDS, Chief Judge, LIVELY, Circuit Judge and WEICK, Senior Circuit Judge.

GEORGE CLIFTON EDWARDS, Jr., Chief Judge.

The defendant in this case was convicted in the United States District Court for the Eastern District of Michigan in a second bench trial. At the first trial, defendant had executed a waiver of his right to a jury trial. On completion of that trial, the District Judge, relying on evidence presented at trial and certain stipulated facts, found defendant guilty as charged. Subsequently, on motion, the District Judge set aside...

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