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U.S. v. FINLAY

Nos. 94-10106, 94-10107.

55 F.3d 1410 (1995)

UNITED STATES of America, Plaintiff-Appellee, v. Gordon FINLAY, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. FINLAY TESTING LABORATORIES, INC., Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided May 25, 1995.

Attorney(s) appearing for the Case

John J. Cleary, Cleary & Sevilla, San Diego, CA, for defendant-appellant Gordon Finlay.

M. James Lorenz, Lorenz, Alhadeff, Cannon & Rose, San Diego, CA, for defendant-appellant Finlay Testing Laboratories, Inc.

Steven S. Alm and Mark E. Recktenwald, Asst. U.S. Attys., for plaintiff-appellee U.S.

Before: FLETCHER, REINHARDT and NOONAN, Circuit Judges.

NOONAN, Circuit Judge:

Gordon Finlay (Finlay) appeals his conviction of two conspiracies to defraud the United States in violation of 18 U.S.C. § 371, the first occurring between January and October of 1987 by transporting nuclear materials in violation of law and in this connection falsifying records for submission to the Nuclear Regulatory Commission (the NRC); the second, a conspiracy between August 1987 and November 1987 to defraud the United States by obtaining...

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