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UNITED STATES v. LESTER

No. 262, Docket 28488.

328 F.2d 971 (1964)

UNITED STATES of America, Appellee, v. Emanuel LESTER, Petitioner-Appellant.

United States Court of Appeals Second Circuit.

Decided March 10, 1964.

Attorney(s) appearing for the Case

James M. Brachman, Asst. U. S. Atty. for the Southern District of New York (Robert M. Morgenthau, U. S. Atty., and Robert J. Geniesse, Asst. U. S. Atty., on the brief), for appellee.

Bernard Tompkins of Tompkins & Lauren, New York City, for defendant-appellant.

Before SWAN, MOORE and SMITH, Circuit Judges.

SMITH, Circuit Judge:

Appellant Emanuel Lester was indicted in the Southern District of New York in 1952 for conspiracy to import gold into the United States in violation of 12 U.S.C. § 95a, with two co-defendants. All pleaded not guilty. In 1957 the two co-defendants pleaded guilty and in 1958 imposition of sentence as to them was suspended on one count, with probation for one day, and the other counts dismissed. On...

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