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UNITED STATES v. McRARY

No. 80-5689.

665 F.2d 674 (1982)

UNITED STATES of America, Plaintiff-Appellee, v. Clifford McRARY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit. Unit B.

Rehearing Denied February 23, 1982.

Attorney(s) appearing for the Case

Thomas M. Sherouse, Miami, Fla., court appointed, for defendant-appellant.

Sonia Escobio O'Donnell, Asst. U. S. Atty., Miami, Fla., John F. Murray, Acting Asst. Atty. Gen., Michael L. Paup, Chief, Appellate Section, Tax Div., Dept. of Justice, Washington, D. C., for the U. S.

Before HILL and HENDERSON, Circuit Judges, SMITH, Judge.

HENDERSON, Circuit Judge:

In this appeal we are faced with a novel legal issue growing out of an unique factual situation which began as a routine kidnapping prosecution.

On July 21, 1974, the appellant, Clifford McRary, met with Earl Widener, captain of the sport fishing boat "Spook," and made arrangements for a boat trip from Key West to the Dry Tortugas. Early the next morning, McRary, his wife Patricia and their two children met Captain Widener and First...

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