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UNITED STATES v. BERMAN

88 F.2d 645 (1937)

UNITED STATES v. BERMAN.

Circuit Court of Appeals, Second Circuit.

March 1, 1937.

Attorney(s) appearing for the Case

Samuel H. Kaufman, of New York City, for the motion.

Richard J. Burke, of New York City, opposed.

Before L. HAND, SWAN, and CHASE, Circuit Judges.

PER CURIAM.

The defendant was convicted upon an indictment in twenty counts of using the mails to defraud (section 338, title 18, U.S. Code [18 U.S.C.A. § 338]), and was sentenced on each count to serve a year and a day concurrently; execution was suspended and he was put on probation for two years. He has appealed from this sentence, but, while the appeal was pending, fearing that the appeal might be dismissed, he procured from the judge a repetition of the...

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