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UNITED STATES v. PIHAKIS

No. 11401.

224 F.2d 898 (1955)

UNITED STATES of America v. Michael D. PIHAKIS, Appellant.

United States Court of Appeals Third Circuit.

Decided August 10, 1955.

Attorney(s) appearing for the Case

Sanford S. Finder, Washington, Pa., for appellant.

W. Wendell Stanton, Asst. U. S. Atty., Pittsburgh, Pa. (John W. McIlvaine, U. S. Atty., Pittsburgh, Pa., on the brief), for appellee.

Before BIGGS, Chief Judge, and MARIS and HASTIE, Circuit Judges.

BIGGS, Chief Judge.

Pihakis was indicted on three counts. The first two counts are substantially similar to those which were passed upon and held invalid by this court in United States v. Tornabene (United States v. Caplan), 3 Cir., 1955, 222 F.2d 875. Accordingly these counts must be quashed on remand.

The third count, on which imposition of sentence was suspended, was based on Sections 2(a) and 1341, 18 U.S.C. Paragraph...

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