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UNITED STATES v. MIDDLETON

No. 71-3351 Summary Calendar.

458 F.2d 482 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. Arthur Leroy MIDDLETON, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

April 24, 1972.

Attorney(s) appearing for the Case

Theodore Klein, Miami, Fla. (Court-appointed), for defendant-appellant.

Robert W. Rust, U. S. Atty., Kenneth G. Oertel, Miami, Fla., for plaintiff-appellee.

Before GEWIN, AINSWORTH and SIMPSON, Circuit Judges.

PER CURIAM:

Middleton appeals from a judgment of conviction following a joint trial with two codefendants resulting in a jury finding him guilty of conspiracy and transportation in interstate commerce of a stolen vehicle in violation of 18 U.S.C. § 2312. Two issues are raised on appeal. Appellant contends that three certain remarks made by the Trial Court were prejudicial and secondly that the exchange of Jencks Act (18 U.S.C. § 3500) material was improperly...

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