UNITED STATES v. LAMBINUS

No. 84-1016.

747 F.2d 592 (1984)

UNITED STATES of America, Plaintiff-Appellee, v. George A. LAMBINUS, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

October 31, 1984.


Attorney(s) appearing for the Case

David N. Williams, Asst. U.S. Atty., Albuquerque, N.M. (William L. Lutz, U.S. Atty., and Stanley K. Kotovsky, Jr., Asst. U.S. Atty., Albuquerque, N.M., with him on the brief), for plaintiff-appellee.

Charles R. Finley of Warner & Finley, Albuquerque, N.M., for defendant-appellant.

Before HOLLOWAY, BARRETT and LOGAN, Circuit Judges.


BARRETT, Circuit Judge.

Defendant Lambinus appeals a jury conviction on Counts II and III of a three-count indictment charging him with three offenses of unauthorized use, acquisition, and possession of food stamps of a value of $100 or more, on or about April 7, April 14, and June 17, 1983, in violation of 7 U.S.C. § 2024(b) (Supp. V 1981). At a previous trial involving the same indictment, Lambinus was acquitted on Count I, but the jury was unable to reach...

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