United States v. Frank M. Reed, Jr., and David L. Smith

Appellants Frank Reed and David Smith appeal their convictions under 18 U.S.C. § 844 (i) for conspiracy to damage and destroy, and maliciously damaging and destroying, property used in interstate commerce by means of an explosive or incendiary device, and for failure to register a firearm under 26 U.S.C. § 5861 (d). A prior indictment returned June 5, 1980, in the District of Alaska, against Reed, Smith, and three others, was dismissed because the court found “substantial irregularities” before the grand jury — “the presence of innuendos which were irrelevant to the indictment.” Reed and Smith were reindict-ed on September 26, 1980, and their case was tried to a jury. A mistrial was declared after the jury deadlocked. The case was then transferred to the Southern District of California for retrial. On April 6, 1981, following a second jury trial in San Diego, Reed and Smith were convicted of charges relating to the burning of Bobby McGee’s restaurant in Anchorage, Alaska. (Counts I, II, III, and V). They were ac quitted of attempted burning of Donovan’s, another Anchorage establishment. (Counts IV and VI). This appeal was taken from their convictions on Counts I, II, III, and…