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UNITED STATES v. JOHNSON

No. 82-1136.

700 F.2d 163 (1983)

UNITED STATES of America, Plaintiff-Appellee, v. William J. JOHNSON, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Opinion on Granting of Rehearing April 18, 1983.

Attorney(s) appearing for the Case

Leo J. Hoffman (court-appointed), Dallas, Tex., for defendant-appellant.

John Mitchell Nevins, Asst. U.S. Atty., Dallas, Tex., for plaintiff-appellee.

Before CLARK, Chief Judge, RUBIN and WILLIAMS, Circuit Judges.

Opinion on Granting of Rehearing En Banc April 18, 1983.

JERRE S. WILLIAMS, Circuit Judge.

Johnson appeals a criminal conviction for interstate transportation of a falsely made security, 18 U.S.C. § 2314, and for causing interstate telephone calls to be made pursuant to a scheme of securities fraud, 18 U.S.C. § 1343. The primary issue on appeal concerns the district court's determination that the documents in question were "securities" within the...

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