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UNITED STATES v. BOHLE

No. 72-CR-173.

346 F.Supp. 577 (1972)

UNITED STATES of America, Plaintiff, v. Ronald Thomas BOHLE, Defendant.

United States District Court, N. D. New York.

July 5, 1972.

Attorney(s) appearing for the Case

James M. Sullivan, Jr., U.S. Atty. for the N.D. N.Y., for United States; Robert E. Wildridge, Asst. U.S. Atty., of counsel.

Anthony Battelle and Sarah Salter, Syracuse, N.Y., for defendant.

OPINION

MacMAHON,* District Judge.

The defendant Bohle is charged with aircraft piracy under a federal statute (49 U.S.C. § 1472(i)) which, on its face, permits the jury to recommend the death penalty if the defendant is convicted. We are, thus, called upon to decide whether, in light of the recent decision of the Supreme Court in Furman v. Georgia and related cases,1 the air piracy statute is...

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