of REA, as principals responsible for stealing funds from REA.  Count Five also charged the latter two defendants as principals with stealing REA funds, and charged Rayburn L. Morrison with aiding and abetting that theft.  Ralph Bates, Harold Bates' brother, was named as a defendant in the conspiracy count, but the charge as to him was severed and subsequently was dismissed


2
 Prior to trial, Maixner and Harold Bates entered guilty pleas to the conspiracy count and testified for the government at trial


3
 An entirely separate, but similar, transaction involving Harold Bates and Rayburn Morrison took place in early April 1974.  Gregg was not involved in this transaction
Morrison was Ralph Bates' superior at a real estate agency in Canyon Lakes, California.  In early April 1974,Harold Bates visited his brother Ralph and was introduced to Morrison.  Harold Bates offered Morrison a deal similar to those with Gregg.  In return for accepting an REA check, Morrison would be given 10%.  Morrison agreed.  Upon his return to New York, Harold Bates and his co-conspirators processed a $31,300 check to Morrison.  Although unable to cash it, Morrison agreed to, and did, purchase three cashier's checks with the proceeds, minus his 10%.


4
 The jury acquitted the co-defendant Morrison on all counts in which he was named


5
 The government correctly points out that, while Gregg's co-defendant objected to this portion of the charge, Gregg failed to object to it at the time of trial.  Under Fed.R.Crim.P. 30, "(n)o party may assign as