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U.S. v. PRITCHARD

No. 02-2544.

346 F.3d 469 (2003)

UNITED STATES of America v. Russ PRITCHARD, Jr., Appellant.

United States Court of Appeals, Third Circuit.

Filed October 17, 2003.

Attorney(s) appearing for the Case

Thomas A. Bergstrom, Esquire (Argued), 138 Davis Road, Malvern, Pennsylvania 19355, Attorney for Appellant.

Robert E. Goldman, Esquire (Argued), Office of United States Attorney, 504 West Hamilton Street, Allentown, Pennsylvania 18101, Attorney for Appellee.

Before SCIRICA, Chief Judge, NYGAARD and BECKER, Circuit Judges, (Honorable Petrese B. Tucker).

OPINION OF THE COURT

SCIRICA, Chief Judge.

Defendant Russ Pritchard, Jr. was convicted of theft from a museum for his involvement in the misappropriation of a Civil War officer's uniform in violation of 18 U.S.C. § 668 (1994). At issue is whether the Hunt-Phelan Home Foundation, from whose care the uniform was taken, was a "museum" for purposes of the statute.1

I.

The Hunt-Phelan Home enjoys a colorful...

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