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UNITED STATES v. DELLA ROCCA

Nos. 129, 130, Dockets 31565, 31566.

388 F.2d 525 (1968)

UNITED STATES of America, Appellee, v. Arthur DELLA ROCCA, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided January 19, 1968.

Judgment Vacated April 29, 1968.

Attorney(s) appearing for the Case

Jerome Lewis, New York City (Thomas R. Newman, New York City, on the brief), for appellant.

Douglas S. Liebhafsky, Asst. U. S. Atty. (Robert M. Morgenthau, U. S. Atty., for the Southern Dist. of New York and Pierre N. Leval, Asst. U. S. Atty., on the brief), for appellee.

Before WATERMAN, MOORE and HAYS, Circuit Judges.

Judgment Vacated April 29, 1968. See 88 S.Ct. 1443.

HAYS, Circuit Judge:

This is an appeal from a judgment of conviction entered upon a jury verdict finding appellant guilty on four counts of two indictments: (1) transferring a firearm without paying the required tax in violation of 26 U.S.C. § 5811, (2) transferring a firearm without a written order from his transferee in violation of 26 U.S.C. § 5814, (3) possessing a firearm upon which tax had...

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