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UNITED STATES v. MALLAH

Nos. 1141, 1103, 1165 and 1176 Dockets 74-1327, 74-1339, 74-1328 and 74-1499.

503 F.2d 971 (1974)

UNITED STATES of America, Appellee, v. Benjamin MALLAH et al., Appellants.

United States Court of Appeals, Second Circuit.

Decided September 23, 1974.

Attorney(s) appearing for the Case

Gerald L. Shargel, New York City (La Rossa, Shargel & Fischetti, New York City, James M. La Rossa, New York City, of counsel), for appellant Mallah.

Nancy Rosner, New York City (Rosner, Fisher & Scribner, New York City, Alan F. Scribner, New York City, of counsel), for appellant Catino.

Steven B. Duke, New Haven, Conn., for appellant Pacelli.

James P. Lavin, Asst. U. S. Atty. (Paul J. Curran, U. S. Atty., for the Southern District of New York, Lawrence S. Feld, Asst. U. S. Atty., of counsel), for appellee.

Before SMITH and MANSFIELD, Circuit Judges, and BARTELS, District Judge.

J. JOSEPH SMITH, Circuit Judge:

Benjamin Mallah, Vincent Pacelli, Jr., Alfred Catino and Barney Barrett appeal from judgments of conviction entered on February 26, 1974 and March 15, 1974, after a jury trial in the Southern District of New York, Milton Pollack, Judge. The jury found all four appellants guilty of conspiring to violate the federal narcotics laws and also found Pacelli guilty of two substantive narcotics offenses and Catino guilty of one such offense...

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