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UNITED STATES v. VON STOLL

No. 83-1144.

726 F.2d 584 (1984)

UNITED STATES of America, Plaintiff-Appellee, v. Richard VON STOLL, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided February 24, 1984.

As Amended March 20, 1984.

Attorney(s) appearing for the Case

Fred Morrison, Asst. U.S. Atty., Sacramento, Cal., for plaintiff-appellee.

Sandra Gillies, Asst. Federal Defender, Sacramento, Cal., for defendant-appellant.

Before WRIGHT, CHOY and POOLE, Circuit Judges.

EUGENE A. WRIGHT, Circuit Judge:

Von Stoll was convicted of two violations of 18 U.S.C. § 2314 and two of 18 U.S.C. § 1343. There are two major issues: (1) whether the conviction on Count I should be reversed because the indictment charged that Von Stoll took $10,000 from one person, while the proof showed that he took it from that person's business partner; and (2) whether the conviction on Count III should be reversed because it was based on Von Stoll...

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