UNITED STATES v. CAPECE

No. 165, Docket 26484.

287 F.2d 537 (1961)

UNITED STATES of America, Appellee, v. Jean CAPECE, Appellant.

United States Court of Appeals Second Circuit.

Decided March 15, 1961.


Attorney(s) appearing for the Case

Herbert B. Greene, Asst. U. S. Atty., Southern District of New York, New York City (S. Hazard Gillespie, Jr., U. S. Atty., and David R. Hyde, Asst. U. S. Atty., New York City, on the brief), for appellee.

Sidney W. Rothstein, Louis G. Greenfield, New York City, for appellant.

Before LUMBARD, Chief Judge, and MAGRUDER and MOORE, Circuit Judges.


LUMBARD, Chief Judge.

Appellant, Jean Capece, was one of 15 defendants convicted of conspiracy to violate the federal narcotic laws, 21 U.S.C.A. §§ 173, 174, whose conviction was reviewed by this court and affirmed in United States v. Aviles, 274 F.2d 179, certiorari denied sub nom. Capece v. United States, 1960, 362 U.S. 974, 80 S.Ct. 1058, 4 L.Ed.2d 1010. Following denial of certiorari by the Supreme Court, Capece made...

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