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UNITED STATES v. NEBBIA

No. 326, Docket 30291.

357 F.2d 303 (1966)

UNITED STATES of America, Appellant, v. Jean NEBBIA, Appellee.

United States Court of Appeals Second Circuit.

Decided March 9, 1966.

Attorney(s) appearing for the Case

Stephen E. Kaufman, Asst. U. S. Atty. (Robert M. Morgenthau, U. S. Atty. for Southern Dist. of New York, New York City, and John S. Allee, Asst. U. S. Atty., on the brief), for appellant.

Arnold C. Stream, New York City (Lewy, Rosoff & Stern, New York City, on the brief), for appellee.

Before WATERMAN, MOORE and FRIENDLY, Circuit Judges.

MOORE, Circuit Judge:

Appellee Jean Nebbia was indicted on January 5, 1966 for conspiring to import large quantities of narcotic drugs (some 95 kilograms seized — allegedly the largest seizure of heroin ever made in the United States). Bail of $100,000 was directed by the Commissioner on December 20, 1965. Motions for reduction of bail were made and denied. In a sworn petition for reduction, Nebbia stated (December 29, 1965): "I do not have sufficient cash...

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