No. 275.

24 F.2d 796 (1928)


Circuit Court of Appeals, Second Circuit.

March 12, 1928.

Attorney(s) appearing for the Case

Henry Amerman, of New York City (J. Bradford Erb, of Chicago, Ill., of counsel), for plaintiff in error.

Charles H. Tuttle, U. S. Atty., of New York City (Alvin McKinley Sylvester and Hubert T. Delany, Asst. U. S. Attys., both of New York City, of counsel), for the United States.

Before L. HAND, SWAN, and AUGUSTUS N. HAND, Circuit Judges.


The defendants pleaded guilty to an indictment which charged Spirou and the several other defendants with violations of sections 37 and 215 of the United States Criminal Code (18 USCA §§ 88, 338). There were 15 counts, separately charging conspiracy to defraud the United States, conspiracy to commit offenses against the United States, and unlawful use of the mails. On November 11, 1927, when the court was about to pass judgment and impose sentence...

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