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UNITED STATES v. CALARCO

Nos. 144, 145 and 509, Dockets 33522-3, and 34385.

424 F.2d 657 (1970)

UNITED STATES of America, Appellee, v. John CALARCO, Frank Gilfone and Teddia Riviello, Appellants.

United States Court of Appeals, Second Circuit.

Decided April 16, 1970.

Attorney(s) appearing for the Case

Wellington A. Newcomb, New York City, for appellant Calarco.

Baldwin Maull, Jr., New York City, for appellant Gilfone.

Samuel D. Bozza, Newark, N. J., for appellant Riviello.

Jay Gold, Asst. U. S. Atty., Southern District of New York (Whitney North Seymour, Jr., U. S. Atty., and Peter L. Zimroth, Asst. U. S. Atty., Southern District of New York, on the brief), for appellee.

Before LUMBARD, Chief Judge, ANDERSON, Circuit Judge, and DOOLING, District Judge.

ANDERSON, Circuit Judge.

John Calarco, Frank Gilfone and Teddia Riviello appeal from their convictions upon jury verdicts of guilty of conspiring to steal a truck containing an interstate shipment of merchandise and of the substantive offense of stealing the truck, in violation of 18 U.S.C. §§ 371, 659 and 2. We affirm.

There were eight co-conspirators named in the indictment, among whom there was a confessed hijacker of wide experience, named Roland...

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