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MASIELLO v. UNITED STATES

No. 16657.

304 F.2d 399 (1962)

Franklin R. MASIELLO, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided May 10, 1962.

Petition for Rehearing Denied June 6, 1962.

Petition for Rehearing Denied June 8, 1962.

Attorney(s) appearing for the Case

Mr. David F. Smith, Washington, D.C., for appellant.

Mr. Daniel A. Rezneck, Asst. U. S. Atty., with whom Messrs. David C. Acheson, U. S. Atty., Nathan J. Paulson, and Thomas A. Flannery, Asst. U. S. Attys., were on the brief, for appellee. Mr. Arnold T. Aikens, Asst. U. S. Atty., also entered an appearance for appellee.

Before EDGERTON, BAZELON and BURGER, Circuit Judges.

Petition for Rehearing by the Division Denied June 6, 1962.

Petition for Rehearing En Banc Denied En Banc June 8, 1962.

BAZELON, Circuit Judge.

Appellant was convicted on all three counts of an indictment charging gambling violations.1 He seeks reversal on the ground, among others, that the District Court erroneously denied his pretrial motion, under Rule 41(e) of the Federal Rules of Criminal Procedure,

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