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U.S. v. MILLER

Nos. 98-1550, 98-1599 and 98-1624.

159 F.3d 1106 (1998)

UNITED STATES of America, Plaintiff-Appellee, v. Jimmy David MILLER, Sr., Jimmy David Miller, Jr. and David Smith, Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided November 12, 1998.

Attorney(s) appearing for the Case

Donna R. Eide (argued), Office of the United States Attorney, Indianapolis, IN, for Plaintiff-Appellee.

Edward F. Schrager (argued), York, Schrager, Baxter & Sevenish, Indianapolis, IN for David Smith.

Steven J. Riggs (argued), Indiana Federal Community Defenders, Inc., for Jimmy D. Miller, Jr.

Ross G. Thomas (argued), Indianapolis, IN, for Jimmy D. Miller, Sr.

Before FLAUM, MANION and ROVNER, Circuit Judges.

FLAUM, Circuit Judge.

Defendants David Smith, Jimmy Miller, Sr. and Jimmy Miller, Jr. appeal their convictions for charges related to a conspiracy to commit theft of property moving in interstate commerce pursuant to 18 U.S.C. §§ 371 and 659. We now affirm.

I. BACKGROUND

In early 1996, Arnold Love, Jimmy Miller, Sr. ("Miller, Sr.") and John Draper discussed stealing a trailer driven by Love which contained eight Caterpillar marine engines...

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