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UNITED STATES v. WISEMAN

Nos. 445, 469, Dockets 35286, 35636.

445 F.2d 792 (1971)

UNITED STATES of America, Appellee, v. Robert WISEMAN, Defendant-Appellant. UNITED STATES of America, Appellee, v. Herman RICK, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided June 30, 1971.

Attorney(s) appearing for the Case

Robert Ehrenbard, New York City, for defendant-appellant Robert Wiseman.

Harry Schein, New York City (Schein, Bressler & Brickel, New York City, of counsel), for defendant-appellant Herman Rick.

Richard A. Givens, Asst. U. S. Atty., New York City (Whitney North Seymour, Jr., U.S.Atty., for S.D.N.Y., New York City, Robert P. Walton, David Paget and Ross Sandler, Asst. U. S. Attys., New York City, of counsel), for appellee.

Before LUMBARD, MOORE and SMITH, Circuit Judges.

MOORE, Circuit Judge:

Both defendants are appealing from judgments of conviction under 18 U.S.C. §§ 242 and 2. Defendant Wiseman was charged in separate counts with thirty-five violations of these statutes, and defendant Rick was charged with seven. The jury found Wiseman guilty on sixteen counts and Rick guilty on three. Wiseman was sentenced on June 18, 1969 to a one year suspended sentence. Rick was sentenced on February 25, 1970 also to a one year suspended...

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