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UNITED STATES v. GALANTE

No. 75, Docket 27048.

298 F.2d 72 (1962)

UNITED STATES of America, Appellee, v. Carmine GALANTE and Anthony Mirra, Appellants.

United States Court of Appeals Second Circuit.

Decided January 8, 1962.

Attorney(s) appearing for the Case

Albert J. Krieger, New York City, for appellant Galante.

Leo B. Mittelman, New York City, for appellant Mirra.

William M. Tendy, Asst. U. S. Atty., for the Southern District of New York, New York City (Robert M. Morgenthau, U. S. Atty., and Arthur I. Rosett, Asst. U. S. Atty., So. Dist. of New York, New York City, on the brief), for appellee.

Before LUMBARD, Chief Judge, and FRIENDLY and SMITH, Circuit Judges.

J. JOSEPH SMITH, Circuit Judge.

During the course of a long (5½ month) narcotics conspiracy trial, eventually ending in a mistrial by reason of injury to a juror, leaving less than 12 available to serve, appellants were advised by the judgment that their courtroom misconduct was being noted. When the mistrial was declared appellants were called before the bench, held in contempt for the earlier actions, and each sentenced to imprisonment for 20 days. The sentence...

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