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GALLARELLI v. UNITED STATES

No. 5365.

260 F.2d 259 (1958)

Samuel J. GALLARELLI, Petitioner, Appellant, v. UNITED STATES of America, Respondent, Appellee.

United States Court of Appeals First Circuit.

October 29, 1958.

Attorney(s) appearing for the Case

Samuel J. Gallarelli on brief pro se.

Anthony Julian, U. S. Atty., and William J. Koen and Charles F. Barrett, Asst. U. S. Attys., Boston, Mass., on brief for appellee.

Before MAGRUDER, Chief Judge, and WOODBURY and HARTIGAN, Circuit Judges.

PER CURIAM.

This appeal seems to be a case of grasping at straws.

Gallarelli, along with other persons, was tried by a jury upon an indictment charging conspiracy to use the mails to defraud, contrary to 18 U.S.C. § 371, and upon certain indictments charging the substantive offense of using the mails to defraud contrary to 18 U.S.C. § 1341. Pursuant to jury verdicts of guilty, the trial judge entered a judgment of conviction, imposing penitentiary...

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