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UNITED STATES v. ARMONE

No. 240, Docket 30135.

363 F.2d 385 (1966)

UNITED STATES of America, Appellee, v. Joseph ARMONE, Stephen Grammauta, Vincent Pacelli, and Nicholas Viscardi, Appellants.

United States Court of Appeals Second Circuit.

Decided July 8, 1966.

Attorney(s) appearing for the Case

Jerome Lewis, Brooklyn, N. Y., for defendants-appellants Armone and Grammauta.

E. Barrett Prettyman, Jr., Washington, D. C. (Robert Kasanof and Albert J. Krieger, New York City, on the brief), for appellant Pacelli.

Edmund A. Rosner, New York City (Edward Cherney, New York City, on the brief), for defendant-appellant Viscardi.

Robert G. Morvillo, New York City (Robert M. Morgenthau, U. S. Atty. for Southern District of New York, Howard L. Jacobs, Otto G. Obermaier, John S. Allee, New York City, on the brief), for appellee.

Before LUMBARD, Chief Judge, KAUFMAN, Circuit Judge, and FEINBERG, Circuit Judge.

FEINBERG, Circuit Judge:

Four defendants appeal from convictions of violating the conspiracy provision of the federal narcotics laws, 21 U.S.C. §§ 173, 174. The single-count indictment named twenty-eight co-conspirators, twelve of whom were charged as defendants. The trial was originally scheduled to begin on April 27, 1965, with eight of the named defendants; the remaining four had not yet been apprehended. On...

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