CALVARESI v. UNITED STATES

Nos. 4833-4848.

216 F.2d 891 (1954)

William CALVARESI, Appellant, v. UNITED STATES of America, Appellee (three cases). Jerry BENALLO, Jr., Appellant, v. UNITED STATES of America, Appellee (three cases). Eugene SMALDONE, Appellant, v. UNITED STATES of America, Appellee (four cases). Clyde SMALDONE, Appellant, v. UNITED STATES of America, Appellee (four cases). Michael J. BENALLO, Appellant, v. UNITED STATES of America, Appellee (two cases).

United States Court of Appeals Tenth Circuit.

Rehearing Denied November 16, 1954.


Attorney(s) appearing for the Case

A. F. Zarlengo, W. H. Erickson and Francis S. Mancini, Denver, Colo. (A. X. Erickson, Albert E. Sherlock, Milton Berger, F. E. Dickerson, T. J. Morrissey, W. F. Dwyer and William L. Rice, Denver, Colo., on the brief), for appellants.

Donald E. Kelley, U. S. Atty., and James W. Heyer, Asst. U. S. Atty., Denver, Colo. (Robert Swanson, Asst. U. S. Atty., Denver, Colo., on the brief), for appellee.

Before HUXMAN, MURRAH and PICKETT, United States Circuit Judges.


HUXMAN, Circuit Judge.

These appeals center around a series of indictments returned against appellants in the United States District Court for the District of Colorado. Indictments Numbers 13,800 and 13,833 were conspiracy indictments, in which all of the appellants together with others were joined. Numbers 13,777, 13,778, 13,794 and 13,795 were indictments against individual defendants, charging them with the commission of substantive offenses growing out of the...

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