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UNITED STATES v. MARTORANO

No. 78-1445.

620 F.2d 912 (1980)

UNITED STATES of America, Appellee, v. James MARTORANO, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided May 12, 1980.

Attorney(s) appearing for the Case

Richard M. Egbert, Boston, Mass., with whom Richard J. Vita, Dorchester, Mass., was on brief, for defendant, appellant.

Wade Livingston, Atty., U. S. Dept. of Justice, Washington, D. C., with whom Edward F. Harrington, U. S. Atty., Boston, Mass., and Joseph S. Davies, Jr., Atty., U. S. Dept. of Justice, Washington, D. C., were on brief, for appellee.

Before COFFIN, Chief Judge, CAMPBELL and BOWNES, Circuit Judges.

LEVIN H. CAMPBELL, Circuit Judge.

James Martorano appeals from the judgment of the district court, 457 F.Supp. 803 (D.Mass.1978), denying his motion for new trial on the ground of ineffective assistance of counsel due to joint representation.1 His appeal was originally decided by a panel of this court, which reversed and remanded for a new trial after holding the government had not demonstrated that...

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