PARKER, Circuit Judge.
The appellant Philip Birnbaum was indicted in the court below for violation of the mail fraud statute, 18 U.S.C.A. § 338, and the Securities and Exchange Act as amended, 15 U.S.C.A. § 77q and, under Sec. 37 of the Criminal Code, 18 U.S.C.A. § 88, for conspiracy to violate these statutes. He was acquitted on the counts charging substantive offenses but convicted on the conspiracy count. An order was thereupon entered that sentence...
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