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United States v. Harvey

decided: November 20, 1975.

UNITED STATES OF AMERICA, APPELLEE,
v.
ERNEST HARVEY, JR., APPELLANT



Appeal by Ernest Harvey, Jr., from a judgment of conviction after a jury trial in the United States District Court for the District of Vermont, Albert W. Coffrin, District Judge, on four counts involving conspiracy to transport in interstate commerce stolen property worth more than $5,000, in violation of Title 18 of the United States Code, Section 2314 and the receipt, interstate transportation and use of stolen dynamite in the commission of a felony, in violation of Title 18 of the United States Code, Sections 842(h), 842(i)(1), 844(a), 844(d) and 2314, and a separate count charging a conspiracy to violate the civil rights of one Byron Nutbrown III, which conspiracy resulted in Nutbrown's death, in violation of Title 18 of the United States Code, Section 241. Affirmed.

Gurfein, Van Graafeiland and Meskill, Circuit Judges.

Author: Meskill

MESKILL, Circuit Judge:

This is an appeal by Ernest Harvey, Jr., from a judgment of conviction entered in the United States District Court for the District of Vermont after a jury trial before Albert W. Coffrin, District Judge. The six-count*fn1 indictment upon which Harvey was tried charged, in essence, the following offenses:

Count I -

Conspiracy from on or about July 1, 1973, up to and including August 4, 1973, to (1) transport in interstate commerce goods of the value of $5,000 or more, to wit the proceeds of a burglary, knowing the same to have been stolen, in violation of 18 U.S.C. § 2314, (2) to transport dynamite, knowing that such dynamite was stolen, in violation of 18 U.S.C. § 842(h), and (3) to transport and receive dynamite in interstate commerce with knowledge and intent that the dynamite would be used unlawfully to damage and destroy a building and other real and personal property, in violation of 18 U.S.C. § 844(d);

Count II -

Unlawful, willful and knowing transportation and receipt and attempt to transport and receive in interstate commerce dynamite on or about August 3, 1973, with the knowledge and intent that it would be used to damage and destroy buildings and other real and personal property, in violation of 18 U.S.C. §§ 844(d) and 2.

Count III -

Unlawful, willful and knowing shipment and transportation of dynamite in interstate commerce on or about August 3, 1973, by a person having been convicted of a crime punishable by imprisonment for a term exceeding one year, in violation of 18 U.S.C. §§ 842(i)(1), 844(a) and 2.

Count IV -

Unlawful, willful and knowing receipt, concealment, transportation and disposal of dynamite on or about August 3, 1973, with knowledge and reasonable cause to believe that the dynamite had been stolen, in violation of 18 U.S.C. §§ 842(h) and 2.

Count VI -

Conspiracy with one Gerald L. Dunham, from on or about August 1, 1973, up to and including September 15, 1973, to injure, oppress, threaten and intimidate Byron Nutbrown, III, a citizen of the United States, in the free exercise and enjoyment of a right and privilege secured to him by the Constitution of the United States, and because of his having exercised that right, to wit, the right to give information to the proper authorities concerning the violations ...


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