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UNITED STATES v. LIVINGSTON

No. 80-7279.

665 F.2d 1003 (1982)

UNITED STATES of America, Plaintiff-Appellee, v. Percy Donald LIVINGSTON, a/k/a "P.D.", a/k/a "Hawkeye", Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

January 11, 1982.

Attorney(s) appearing for the Case

Stephen A. Kermish, Atlanta, Ga., for defendant-appellant.

W. Louis Sands, Asst. U. S. Atty., Macon, Ga., for plaintiff-appellee.

Before TUTTLE, HILL and JOHNSON, Circuit Judges.

JAMES C. HILL, Circuit Judge:

This is an appeal of appellant Livingston's conviction for interstate travel in aid of racketeering, i. e., extortion, in violation of Title 18, U.S.C. §§ 1952 and 2, in connection with Title 18, U.S.C. § 1951. For the reasons stated below we reverse and remand.

Livingston and a co-defendant were charged in a four count indictment with conspiracy to interfere with interstate commerce by threats of violence and with...

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