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UNITED STATES v. BAKER

No. 82-1086.

693 F.2d 183 (1982)

UNITED STATES of America, v. Frank BAKER, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided November 9, 1982.

Attorney(s) appearing for the Case

David C. Venable, Washington, D.C. (appointed by this court), for appellant.

E. Anne McKinsey, Asst. U.S. Atty., with whom Stanley S. Harris, U.S. Atty., John A. Terry, Asst. U.S. Atty., Washington, D.C., at the time the brief was filed, and John R. Fisher and Deborah A. Robinson, Asst. U.S. Attys., Washington, D.C., were on the brief, for appellee.

Before TAMM, WILKEY, and SCALIA, Circuit Judges.

Opinion for the court filed by Circuit Judge TAMM.

TAMM, Circuit Judge:

Defendant was convicted of selling government property in violation of 18 U.S.C. § 641. He contends that the indictment was defective because it failed to charge that he knew that the property had been stolen from the United States and because it failed to charge that the sales were unlawful. He contends that mistakes made in the judge's instructions to the jury constituted plain...

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