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UNITED STATES v. NAGELBERG

No. 677, Docket 33424.

413 F.2d 708 (1969)

UNITED STATES of America, Appellee, v. Gerson NAGELBERG, Appellant.

United States Court of Appeals Second Circuit.

Decided July 23, 1969.

Attorney(s) appearing for the Case

Irwin Klein, New York City, for appellant.

William B. Gray, Asst. U. S. Atty., (Robert M. Morgenthau, U. S. Atty., for the Southern District of New York, Charles P. Sifton, Asst. U. S. Atty., on the brief), for appellee.

Before HAYS and FEINBERG, Circuit Judges, and JAMESON, District Judge.

FEINBERG, Circuit Judge:

Gerson Nagelberg appeals from an order of the United States District Court for the Southern District of New York, Charles M. Metzner, J., entered in February 1969, which revoked appellant's probation and put into effect a sentence of two years in prison. The issues before us concern the propriety of both the revocation of probation and the sentence of two years. We turn first to the former.

I

Appellant was originally indicted...

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