United States v. Thomas E. Flaherty, United States of America v. James R. Kearns, Jr., United States of America v. Stuart H. Wahl

BOWNES, Circuit Judge.

Thomas E. Flaherty, James R. Kearns, Jr., and Stuart H. Wahl appeal jury convictions of conspiring to receive and possess a stolen interstate shipment of beef in violation of 18 U.S.C. § 371 and of receiving and possessing a stolen interstate shipment of beef in violation of 18 U.S.C. § 659. The appellants were also indicted for aiding and abetting under 18 U.S.C. § 2, but were acquitted on that charge. Seven issues are presented for review: 1

1. The sufficiency of the evidence to support the convictions of appellants;

2. Should the indictment have been dismissed because a…