UNITED STATES v. ONESTI

No. 17262.

411 F.2d 783 (1969)

UNITED STATES of America, Plaintiff-Appellee, v. Frank ONESTI, Defendant-Appellant.

United States Court of Appeals Seventh Circuit.

Rehearing Denied June 17, 1969.


Attorney(s) appearing for the Case

Julius Lucius Echeles, Chicago, Ill., for defendant-appellant.

Thomas A. Foran, U. S. Atty., Peter F. Vaira, Jr., Asst. U. S. Atty., Chicago, Ill., for plaintiff-appellee; John Peter Lulinski, Michael B. Nash, Asst. U. S. Attys., Chicago, Ill., of counsel.

Before HASTINGS, Senior Circuit Judge, and FAIRCHILD and CUMMINGS, Circuit Judges.


HASTINGS, Senior Circuit Judge.

The sole question on this appeal is whether the trial court, in determining sentence, considered impermissible evidence and as a result reached unwarranted conclusions bearing upon defendant's sentence.

A three-count indictment was filed May 2, 1968 in the United States District Court for the Northern District of Illinois, Honorable Bernard M. Decker, Judge presiding.

In Count 1, Arthur D. Smith, a government postal...

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