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UNITED STATES v. CATINO

No. 68, Docket 31991.

403 F.2d 491 (1968)

UNITED STATES of America, Appellee, v. Alfred CATINO and Thomas Pagano, Appellants.

United States Court of Appeals Second Circuit.

Decided November 19, 1968.

Attorney(s) appearing for the Case

Joshua N. Koplovitz, New York City, for appellant Alfred Catino.

Henry K. Chapman, New York City, for appellant Thomas Pagano.

William J. Gilbreth, Asst. U. S. Atty., Southern District of New York (Robert M. Morgenthau, U. S. Atty., and Douglas S. Liebhafsky, Asst. U. S. Atty., Southern District of New York, on the brief), for appellee.

Before FRIENDLY, ANDERSON and FEINBERG, Circuit Judges.

ANDERSON, Circuit Judge:

The indictment in this case filed November 2, 1966 charged violations of the narcotics laws in two substantive and one conspiracy count. Count one alleged that Alfred Catino and Frank Fimmano received, concealed, sold and facilitated the concealment, transportation and sale of illegally imported heroin on June 13, 1966 in violation of 21 U.S.C. §§ 173 and 174. Count two charged Thomas Pagano and Frank Fimmano of a like offense on...

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