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UNITED STATES v. ASHBY

No. 85-1156.

771 F.2d 392 (1985)

UNITED STATES of America, Appellee, v. Anthony Dewayne ASHBY, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided August 26, 1985.

Attorney(s) appearing for the Case

Tripper Chronkhite, Little Rock, Ark., for appellant.

Robert L. Neighbors, Asst. U.S. Atty., Little Rock, Ark., for appellee.

Before ARNOLD, Circuit Judge, HENLEY, Senior Circuit Judge, and JOHN R. GIBSON, Circuit Judge.

JOHN R. GIBSON, Circuit Judge.

Anthony Dewayne Ashby appeals from his conviction of aiding and abetting the obstruction of correspondence in violation of 18 U.S.C. § 1702 (1982). For reversal he argues that the district court1 erred in: (1) failing to instruct the jury that a section 1702 offense cannot be committed after mail has been stolen; (2) failing to give a lesser included offense instruction on obstruction of mail (18 U.S...

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