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U.S. v. UPSHAW

No. 89-5600.

895 F.2d 109 (1990)

UNITED STATES of America, Appellee, v. UPSHAW, Allen, Appellant.

United States Court of Appeals, Third Circuit.

Decided January 31, 1990.

Rehearing Denied February 22, 1990.

Attorney(s) appearing for the Case

Lawrence S. Lustberg, Asst. Federal Public Defender, Office of Federal Public Defender, Newark, N.J., for appellant.

Samuel A. Alito, Jr., U.S. Atty., Glenn J. Moramarco, Asst. U.S. Atty., and Edna Ball Axelrod, Chief, Appeals Div. U.S. Attorney's Office, Newark, N.J., for appellee.

Before BECKER, GREENBERG and NYGAARD, Circuit Judges.

Submitted under Third Circuit Rule 12(6) on January 17, 1990.

OPINION OF THE COURT

GREENBERG, Circuit Judge.

Allen Upshaw was convicted by a magistrate, exercising jurisdiction pursuant to 18 U.S.C. § 3401(a), of obstruction of the mails in violation of 18 U.S.C. § 1701. He appealed pursuant to 18 U.S.C. § 3402 but the district court affirmed his conviction in an opinion and order dated July 7, 1989. An appeal to this court followed...

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