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UNITED STATES v. KIMBALL

Nos. 83-1651, 83-1652.

741 F.2d 471 (1984)

UNITED STATES of America, Appellee, v. Robert T. KIMBALL, Defendant, Appellant. UNITED STATES of America, Appellee, v. David M. EMERY, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided August 15, 1984.

Rehearing Denied September 26, 1984.

Attorney(s) appearing for the Case

Robert Levine, Rockland, Me., with whom Strout, Payson, Pellicani & Cloutier, Rockland, Me., was on brief, for David M. Emery.

Paul L. Gibbons, Camden, Me., with whom Calderwood, Ingraham & Gibbons, Camden, Me., was on brief, for Robert T. Kimball.

Margaret D. McGaughey, Asst. U.S. Atty., Portland, Me., with whom Richard S. Cohen, U.S. Atty., and William H. Browder, Jr., Asst. U.S. Atty., Portland, Me., were on brief, for appellee.

Before CAMPBELL, Chief Judge, BOWNES, Circuit Judge, and GIERBOLINI, District Judge.

GIERBOLINI, District Judge.

Appellants Robert T. Kimball and David M. Emery were convicted in the United States District Court for the District of Maine for violation of Title 26, United States Code, §§ 5861(d) and 5871.1 After a bench trial, the judge found defendants guilty as charged in Count I of the indictment and sentenced them accordingly.

Appellants raise three points in support of their contention that these...

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