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KELLY v. UNITED STATES

No. 367.

89 F.2d 866 (1937)

KELLY, Marshal, v. UNITED STATES ex rel. FRAD.

Circuit Court of Appeals, Second Circuit.

May 10, 1937.

Attorney(s) appearing for the Case

Lamar Hardy, U. S. Atty., of New York City (Curtis C. Shears, Asst. U. S. Atty., and Frank H. Gordon, Sp. Asst. to the U. S. Atty., both of New York City, of counsel), for appellant.

Harris Jay Griston and Louis Karasik, both of New York City, for appellee.

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

MANTON, Circuit Judge.

March 26, 1934, appellee simultaneously entered a plea of guilty to three indictments. Indictment C — 96 — 116 charged a conspiracy to violate sections 220, 221, title 8, U.S. Code, 8 U.S.C.A. §§ 220, 221 (18 U.S.C.A. § 88), and appellee was sentenced to two years' imprisonment and to pay a $1,000 fine for which he was to stand committed until paid; indictment C — 80 — 944 charged in five counts the...

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