UNITED STATES v. BERGER

No. 318, Docket 28504.

338 F.2d 485 (1964)

The UNITED STATES of America, Appellee, v. Max Benjamin BERGER, Sheldon Polakoff, Morris Satz, Appellants.

United States Court of Appeals Second Circuit.

Decided October 9, 1964.

Rehearing Denied November 19, 1964.


Attorney(s) appearing for the Case

John T. Curtin, U. S. Atty., Western Dist. of New York (Charles F. Crimi, Asst. U. S. Atty., of counsel), for appellee.

John A. Dillon, Lackawanna, N. Y., for appellant Berger.

John W. Condon, Jr., Condon, Klocke, Ange & O'Donnell, F. Lambert Haley, Buffalo, N. Y., for appellants Polakoff and Satz.

Before WATERMAN and KAUFMAN, Circuit Judges, and DIMOCK, District Judge.


WATERMAN, Circuit Judge.

Defendants were convicted of stealing goods from a railroad car, which goods were part of an interstate shipment, in violation of 18 U.S.C. § 659, and of conspiring to commit this federal offense, in violation of 18 U.S.C. § 371. They were sentenced to five years imprisonment on each count, the sentences to run concurrently. All three defendants appeal from the judgments of conviction under 18 U.S.C. § 659, claiming that the...

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