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UNITED STATES v. GARD

No. 400, Docket 29205.

344 F.2d 120 (1965)

UNITED STATES of America, Appellee, v. Harry GARD and Peter Kanuka, Defendants-Appellants.

United States Court of Appeals Second Circuit.

Decided April 14, 1965.

Attorney(s) appearing for the Case

Harold Baer, Jr., Asst. U. S. Atty. (Robert M. Morgenthau, U. S. Atty. for Southern Dist. of New York, and Robert J. McGuire, and John S. Martin, Jr., Asst. U. S. Attys., New York City, on the brief), for appellee.

Monroe J. Winsten, New York City, for Harry Gard, defendant-appellant.

Peter L. F. Sabbatino, New York City (Sabbatino & Todarelli, New York City, on the brief), for Peter Kanuka, defendant-appellant.

Before LUMBARD, Chief Judge, and SWAN and KAUFMAN, Circuit Judges.

SWAN, Circuit Judge.

Appellants Gard and Kanuka appeal from judgments of conviction after trial before Judge Tyler sitting without a jury on a three-count indictment. Count (1) charged Leo Stern with violating 29 U.S.C.A. § 186(a). He pleaded guilty and testified against his co-defendants. Count (2) charged Gard with violating § 186(b), and count (3) charged Kanuka with violating § 186(b) and also 18 U.S. C.A. § 2 (aiding and abetting Gard). Specifically...

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