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D'ARGENTO v. UNITED STATES

No. 19459.

353 F.2d 327 (1965)

Joseph N. D'ARGENTO and James A. Caparusso, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

November 4, 1965.

Attorney(s) appearing for the Case

Burton Marks, Beverly Hills, Cal., for appellants.

Manual L. Real, U. S. Atty., John K. Van de Kamp, Asst. U. S. Atty., Chief, Crim. Sec., J. Brin Schulman, Asst. U. S. Atty., Asst. Chief, Crim. Sec., Robt. H. Filsinger, Asst. U. S. Atty., Los Angeles, Cal., for appellee.

Before BARNES and KOELSCH, Circuit Judges, and POWELL, District Judge.

POWELL, District Judge.

Joseph N. D'Argento appeals from his convictions and three concurrent five year sentences. He and James A. Caparusso were charged in a four count indictment on March 25, 1964, with violation of 18 U.S.C. 371 (Conspiracy), and 18 U.S.C. 659 (Theft from interstate shipment and possession of stolen goods). Defendants were found guilty on the three counts by the jury on April 17, 1964. The fourth count was dismissed.

Since the trial James...

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