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UNITED STATES v. VON STEPHENS

No. 85-1018.

774 F.2d 1411 (1985)

UNITED STATES of America, Plaintiff-Appellee, v. Eric VON STEPHENS, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided October 25, 1985.

Attorney(s) appearing for the Case

Eb Luckel, Asst. U.S. Atty., San Francisco, Cal., for plaintiff-appellee.

Nina Wilder, Doran Weinberg, Larson & Weinberg, San Francisco, Cal., for defendant-appellant.

Before CHOY, HUG, and SCHROEDER, Circuit Judges.

OPINION

PER CURIAM:

Eric Von Stephens unlawfully received and cashed Aid to Families with Dependent Children (AFDC) warrants unlawfully issued by a county in his name through the help of a social services employee. Von Stephens was indicted for theft of government property, 18 U.S.C. § 641.1 He moved to dismiss the indictment contending that control of his crime was reserved to the states under the tenth amendment and

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