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UNITED STATES v. PATTERSON

No. 81-1166.

664 F.2d 1346 (1982)

UNITED STATES of America, Plaintiff-Appellee, v. Wallace Bruce PATTERSON, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided January 4, 1982.

Attorney(s) appearing for the Case

A. J. Kramer, San Francisco, Cal., for defendant-appellant.

Floy E. Dawson, Asst. U. S. Atty., San Francisco, Cal., for the U. S.

Before ANDERSON and POOLE, Circuit Judges, and KELLEHER, District Judge.

J. BLAINE ANDERSON, Circuit Judge:

Wallace Bruce Patterson appeals his conviction for possession of material stolen from the mail in violation of 18 U.S.C. § 1708.1 Because we find the material was not stolen from the mail, we reverse.

I. BACKGROUND

On January 5, 1979, a police officer stopped Patterson, near the San Francisco YMCA, for being under the influence of narcotics. The officer discovered two United States...

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