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U.S. v. WASHINGTON

Nos. 65, 66, Dockets 88-1108, 88-1117.

861 F.2d 350 (1988)

UNITED STATES of America, Appellee, v. Gary WASHINGTON and Jeffrey Shepard, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided November 1, 1988.

Attorney(s) appearing for the Case

Eugene Neal Kaplan, New York City (Kaplan, Thomashower & Landau, New York City, on the brief), for defendant-appellant Washington.

Stewart Leigh Orden, New York City (Orden & Cohen, New York City, on the brief), for defendant-appellant Shepard.

Julie Copeland, Asst. U.S. Atty., Brooklyn, N.Y. (Andrew J. Maloney, U.S. Atty., David C. James, Asst. U.S. Atty., Brooklyn, N.Y., on the brief), for appellee.

Before LUMBARD, NEWMAN and KEARSE, Circuit Judges.

JON O. NEWMAN, Circuit Judge:

Gary Washington and Jeffrey Shepard appeal from judgments of the District Court for the Eastern District of New York (I. Leo Glasser, Judge) convicting them, after a jury trial, of various offenses in connection with theft of goods from foreign commerce. Though most of the claims asserted on appeal require little or no discussion, we write briefly to consider a problem of merged offenses that arises where, as here, a defendant is convicted...

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