No. 82-3758.

709 F.2d 294 (1983)

UNITED STATES of America, Plaintiff-Appellee, v. Einar J. FERRO, Jr., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied August 15, 1983.

Attorney(s) appearing for the Case

Bernard E. Burk, Jacob Taranto, III, New Orleans, La., for defendant-appellant.

John P. Volz, U.S. Atty., Robert T. Myers, Harry W. McSherry, Asst. U.S. Attys., New Orleans, La., for plaintiff-appellee.


Rehearing and Rehearing En Banc Denied August 15, 1983.

INGRAHAM, Circuit Judge:

In September 1982, Einar J. Ferro, Jr., was convicted by a jury of a three-count indictment for his role in the theft of two Zim Line containers. All but six months of defendant's three concurrent five-year sentences were suspended and defendant was placed on probation for three years. On appeal Ferro primarily attacks the submission of an inference instruction, the failure to...

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