OPINION
MARSH, District Judge.
Constance Camellia Smith, Charles Frederick Smith and Benjamin Charles Smith were charged in a five count indictment. All three defendants waived their rights to a jury trial. Thereupon, a court trial was held April 12 and 13, 1988 in Eugene, Oregon. Pursuant to the request of Benjamin Smith and in accordance with Fed.R. Crim.P. 23(c) this opinion constitutes my
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