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UNITED STATES v. INDIVIGLIO

No. 378, Docket 29404.

352 F.2d 276 (1965)

UNITED STATES of America, Appellee, v. Benjamin INDIVIGLIO, Appellant.

United States Court of Appeals Second Circuit.

Ordered to be reconsidered May 26, 1965.

Decided October 28, 1965.

Attorney(s) appearing for the Case

Jerome Lewis, Brooklyn, N. Y. (Thomas R. Newman, New York City, of counsel), for appellant.

Howard L. Jacobs, Asst. U. S. Atty., New York City (Robert M. Morgenthau, U. S. Atty. for Southern District of New York, and Martin R. Gold, Asst. U. S. Atty., New York City), for appellee.

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

Ordered to be reconsidered en banc May 26, 1965.

HAYS, Circuit Judge.

Defendant appeals from a judgment of conviction based on a jury verdict that he violated the bail-jumping statute, 18 U.S.C. § 3146 (1964).1 His appeal was first heard by a panel of this court, but on May 26, 1965, we ordered that his appeal be reconsidered by the active judges en banc together with six other cases, all involving issues raised by...

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