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U.S. v. WESTBROOK

No. 86-5234.

817 F.2d 529 (1987)

UNITED STATES of America, Plaintiff-Appellee, v. Kenneth Preston WESTBROOK, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided May 14, 1987.

Attorney(s) appearing for the Case

Nancy L. Worthington, Asst. U.S. Atty., argued, Peter K. Nunez, U.S. Atty., Pamela J. Naughton, Asst. U.S. Atty., on the brief, San Diego, Cal., for plaintiff-appellee.

Frank M. Murphy, III, San Diego, Cal., for defendant-appellant.

Before WALLACE, TANG and ALARCON, Circuit Judges.

ALARCON, Circuit Judge:

Kenneth Preston Westbrook appeals his convictions of illegally purchasing and receiving military property belonging to the United States in violation of 18 U.S.C. §§ 641 and 1024 (1982). Westbrook contends:

First. Section 1024 is unconstitutionally vague.

Second. The district court failed to dismiss several counts on the indictment which referred to the same set of facts as other counts.

Third. The district...

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