UNITED STATES v. ELLSWORTH

No. 80-1369.

647 F.2d 957 (1981)

UNITED STATES of America, Plaintiff-Appellee, v. Phillip John ELLSWORTH, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided June 8, 1981.

As Amended September 15, 1981.


Attorney(s) appearing for the Case

Lawrence J. Kulik, Kulik & Suddock, Anchorage, Alaska, for defendant-appellant.

Dan Dennis, Asst. U. S. Atty., Anchorage, Alaska, argued for plaintiff-appellee; Nelson Cohen, Asst. U. S. Atty., Anchorage, Alaska, on brief.

Before BROWNING, Chief Judge, TANG, Circuit Judge and HEMPHILL, District Judge.


HEMPHILL, District Judge:

Appellant appeals from the final judgment of the district court, entered May 23, 1980, after a jury finding of guilt March 14, 1980. The superseding indictment was lodged with the Court October 23, 1979, upon the finding of a true bill by the Grand Jury, and charged:

That on or about the 15th day of October, 1979, Anchorage, Alaska, in the District of Alaska, PHILLIP JOHN ELLSWORTH, unlawfully, wilfully and by means of a dangerous...

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