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UNITED STATES v. BARNES

No. 84-1109.

761 F.2d 1026 (1985)

UNITED STATES of America, Plaintiff-Appellee, v. Nathan W. BARNES, and Kenneth L. McGinn, Defendants-Appellants

United States Court of Appeals, Fifth Circuit.

Rehearing Denied July 5, 1985.

Attorney(s) appearing for the Case

Leighton Cornett, Paris, Tex., for defendants-appellants.

Edward C. Prado, U.S. Atty., John Emerson, Sidney Powell, Asst. U.S. Attys., San Antonio, Tex., Mervyn Hamburg, Atty., Dept. of Justice, Washington, D.C., for plaintiff-appellee.

Before GOLDBERG, RUBIN and HILL, Circuit Judges.

ROBERT MADDEN HILL, Circuit Judge.

Appellants Nathan W. Barnes and Kenneth L. McGinn were charged with conspiracy to convert monies of the United States to their own use contrary to 18 U.S.C. § 3711 and conversion of said monies to their own use contrary to 18 U.S.C. § 641.2 Both were charged with conspiracy in count 1 of a superseding indictment; Barnes...

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