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UNITED STATES v. HESS

Nos. 81-5222, 81-5288.

691 F.2d 984 (1982)

UNITED STATES of America, Plaintiff-Appellee, v. Eugene HESS, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Patrick ROSTIER, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

November 15, 1982.

Attorney(s) appearing for the Case

Gary R. Trombley, James H. Kynes, Tampa, Fla., for defendant-appellant in No. 81-5222.

Terrance A. Bostic, Asst. U. S. Atty., Tampa, Fla., for plaintiff-appellee in No. 81-5222.

Henry W. Lavandera, Tampa, Fla. (court-appointed), for defendant-appellant in No. 81-5288.

Lynn H. Cole, Asst. U. S. Atty., Tampa, Fla., for plaintiff-appellee in No. 81-5288.

Before HILL and HENDERSON, Circuit Judges, and GARZA, Senior Circuit Judge.

GARZA, Senior Circuit Judge:

In June, 1980, a federal grand jury returned a nineteen count indictment charging ten individuals with conspiracy and substantive violations of 18 U.S.C. §§ 659, 2312, 2313, 2314 and 2315. Count one of the indictment charged that between February, 1975, and February, 1977, the defendants conspired with each other and others to steal and transport in interstate commerce certain goods and motor vehicles, and to receive, conceal...

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