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UNITED STATES v. DEL LLANO

No. 477, Docket 29570.

354 F.2d 844 (1965)

UNITED STATES of America, Appellee, v. Maximo DEL LLANO, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Submitted May 26, 1965.

Decided December 22, 1965.

Attorney(s) appearing for the Case

Samuel Saline, New York City, for defendant-appellant.

R. Harcourt Dodds, Asst. U. S. Atty. (Robert M. Morgenthau, U. S. Atty., Southern Dist. of New York, New York City, on the brief, David M. Dorsen, Asst. U. S. Atty., of counsel), for appellee.

Before LUMBARD, Chief Judge, and WATERMAN, MOORE, FRIENDLY, SMITH, KAUFMAN, HAYS and ANDERSON, Circuit Judges.

Submitted in banc to this court May 26, 1965.

MOORE, Circuit Judge (with whom Chief Judge LUMBARD and Judges FRIENDLY, KAUFMAN and HAYS concur, Judge ANDERSON concurs in the result, Judge WATERMAN concurs in the result in a separate opinion, and Judge SMITH dissents in a separate opinion).

This appeal was argued originally before a panel of this court. Before decision, the active circuit judges, sua sponte on May 26, 1965, ordered in banc consideration...

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