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UNITED STATES v. MATTIO

No. 211, Docket 30946.

388 F.2d 368 (1968)

UNITED STATES of America, Appellee, v. Thomas MATTIO, Appellant.

United States Court of Appeals Second Circuit.

Decided January 9, 1968.

Attorney(s) appearing for the Case

Frederick A. O. Schwarz, Jr., New York City (R. Mark Leidigh, New York City, on the brief), for appellant.

Michael J. Gillen, Asst. U. S. Atty. (Joseph P. Hoey, U. S. Atty. for Eastern District of New York, on the brief), for appellee.

Before MOORE, SMITH and HAYS, Circuit Judges.

HAYS, Circuit Judge:

Appellant Mattio and a co-defendant were found guilty after a jury trial of stealing goods from an interstate shipment in violation of 18 U.S.C. § 659, transporting in interstate commerce in violation of 18 U.S.C. § 2314 goods known to have been stolen, and conspiring, in violation of 18 U.S.C. § 371, to commit those crimes. The government's evidence consisted almost entirely of the testimony of four admitted participants in the...

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