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U.S. v. DAILY

Nos. 88-1626, 88-1627 and 89-3333.

921 F.2d 994 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. Sammy G. DAILY and Frederik A. Figge, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

Order on Rehearing March 1, 1991.

Attorney(s) appearing for the Case

Sheryle L. Jeans, Atty., U.S. Dept. of Justice, Kansas City, Mo. (Benjamin L. Burgess, U.S. Atty., D. Kan., Kansas City, Mo., and Michael J. Dittoe, Atty., U.S. Dept. of Justice, with her on the briefs), for plaintiff-appellee.

Steven M. Dickson, Dickson & Pope, P.A., Topeka, Kan., for defendants-appellants.

Before HOLLOWAY, Chief Judge, EBEL, Circuit Judge, and SEAY, Chief District Judge.

HOLLOWAY, Chief Judge.

Defendants-appellants Sammy Daily and Frederik Figge were convicted on one count each of conspiring, in violation of 18 U.S.C. § 371, to commit offenses under 18 U.S.C. §§ 1001 and 1343. Daily and Figge make several claims of error. In view of our ultimate disposition of these appeals, we only deem it necessary or appropriate to address eight contentions here: (1) whether the trial court lacked subject matter jurisdiction to impose...

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