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UNITED STATES v. JOHNSON

No. 78-2025.

596 F.2d 842 (1979)

UNITED STATES of America, Appellee, v. Clemens Rolph JOHNSON, Appellant.

United States Court of Appeals, Ninth Circuit.

April 11, 1979.

Attorney(s) appearing for the Case

Howard Hertz, Penelope Cooper, Berkeley, Cal., for appellant.

Edmund D. Lyons, Jr., Asst. U. S. Atty., San Francisco, Cal., for appellee.

Before WRIGHT and KILKENNY, Circuit Judges, and PFAELZER, District Judge.

KILKENNY, Circuit Judge:

Appellant was indicted, tried by a jury, and convicted of: (1) two counts of theft of federal funds in violation of 18 U.S.C. § 641; (2) two counts of making false statements to a federal agency in violation of 18 U.S.C. § 1001; and (3) eight counts of embezzlement of union funds in violation of 29 U.S.C. § 501(c). He was sentenced to a term of five years imprisonment on each count, the terms to run concurrently and fined a...

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