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421 F.2d 175

Docket No. 28235

United States v. Jones

Fifth Circuit Court of Appeals

Decided Jan. 9, 1970.

Fifth Circuit Court of Appeals · decided 1970-01-09

Cited by 7 later decisions — most recently August 1978

7 federal appellate ·

2 counsel of record

Applies 18 U.S.C. § 2312

Relies on Murphy v. Houma Well Service · Huth v. Southern Pacific Co.

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1970-01-09

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¶1Summary Calendar.

¶2John M. Coe, Pensacola, Fla., for defendant-appellant.

¶3William Stafford, U. S. Atty., Pensacola, Fla., Clinton Ashmore, U. S. Atty., Stewart J. Carrouth, Asst. U. S. Atty., Tallahassee, Fla., for plaintiff-appellee.

¶4Before JOHN R. BROWN, Chief Judge, and MORGAN and CLARK, Circuit Judges.

¶5PER CURIAM.

¶6Pursuant to Rule 18 of the Rules of this Court, we have concluded on the merits that this case is of such character as not to justify oral argument and have directed the clerk to place the case on the Summary Calendar and to notify the parties in writing. See Murphy v. Houma Well Service, 5 Cir., 1969, 409 F.2d 804, Part I; and Huth v. Southern Pacific Company, 5 Cir., 1969, 417 F.2d 526, Part I.

¶7*176Unlike most Dyer Act violations, this appeal is from a judgment of conviction on both counts of an indictment charging interstate transportation of a stolen Caterpillar bulldozer under one, and concealment of same bulldozer while moving in interstate commerce under the other. 18 U.S.C.A. Secs. 2312 and 2313.

¶8The District Court did not err in failing to direct a judgment of acquittal on either count, and the verdict of guilty having ample support in the record and no error otherwise appearing, it follows that the judgment appealed from should be and it is

¶9Affirmed. ■

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