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UNITED STATES v. FIORITO

Nos. 13360, 13361.

300 F.2d 424 (1962)

UNITED STATES of America, Plaintiff-Appellee, v. Carl FIORITO, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Theodore DE ROSE, Defendant-Appellant.

United States Court of Appeals Seventh Circuit.

March 19, 1962.

Attorney(s) appearing for the Case

Martin S. Gerber, George B. Collins, Anna R. Lavin, Julius Lucius Echeles, Chicago, Ill., for appellants.

James P. O'Brien, U. S. Atty., John Peter Lulinski, Asst. U. S. Atty., Chicago, Ill., for appellee.

Before KNOCH, CASTLE, and SWYGERT, Circuit Judges.

CASTLE, Circuit Judge.

The defendants, Carl Fiorito and Theodore DeRose, were convicted, following a jury trial, on a two-count indictment charging each with violations of 26 U.S. C.A. § 4705(a) and 21 U.S.C.A. § 174. Fiorito was sentenced to a term of twenty years on each count, the sentences to run concurrently. DeRose was sentenced to concurrent ten year terms. Each of the defendants appealed.

Both appeals present claims by the respective defendant...

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