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UNITED STATES v. CAFERO

No. 91.

55 F.2d 219 (1932)

UNITED STATES v. CAFERO et al.

Circuit Court of Appeals, Second Circuit.

January 18, 1932.

Attorney(s) appearing for the Case

Joseph H. Wackerman, of Brooklyn, N. Y. (John M. MacGregor, of Brooklyn, N. Y., of counsel), for appellants.

Howard W. Ameli, U. S. Atty., of Brooklyn, N. Y. (Herbert H. Kellogg and William T. Cowin, Asst. U. S. Attys., both of Brooklyn, N. Y., of counsel), for the United States.

Before MANTON, AUGUSTUS N. HAND, and CHASE, Circuit Judges.

MANTON, Circuit Judge.

The appellants have been convicted on the first and second counts charging possession of an unregistered still (title 26, U. S. C., § 281 [26 USCA § 281], section 3258, Rev. St.; title 5, U. S. C., §§ 281 to 281e, inclusive [5 USCA §§ 281-281e], 44 Stat. 1381), and on the fifth count of maintaining a common nuisance (title 27, U. S. C., § 33 [27 USCA § 33]). Sentence was suspended on the fifth count, but...

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