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UNITED STATES v. BIRRELL

No. 111, Docket 32498.

400 F.2d 93 (1968)

UNITED STATES of America, Appellee, v. Lowell M. BIRRELL, Appellant.

United States Court of Appeals Second Circuit.

Decided September 10, 1968.

Attorney(s) appearing for the Case

Stephen F. Williams, Asst. U. S. Atty. (Robert M. Morgenthau, U. S. Atty., Southern Dist. of New York, on the brief), for appellee.

Charles Nelson Brower, New York City, for appellant.

Before LUMBARD, Chief Judge, and SMITH and ANDERSON, Circuit Judges.

PER CURIAM:

The defendant Lowell M. Birrell appeals from an order of Judge Herlands which denied him bail after his conviction by a jury on December 28, 1967, on eleven counts of securities fraud. Since then Birrell has been in jail, although he has not yet been sentenced, pending the outcome of hearings on whether the conviction rests on evidence tainted by a seizure of documents in 1957 which Judge Wyatt found to be illegal, 242 F.Supp. 191

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