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UNITED STATES v. DeCICCO

Nos. 761, 762, and 763, Dockets 34011, 34096, and 34097.

435 F.2d 478 (1970)

The UNITED STATES of America, Appellee, v. Russell DeCICCO, Rene DeCicco, Louis Markus and Gregory Parness, Appellants.

United States Court of Appeals, Second Circuit.

Decided November 16, 1970.

Attorney(s) appearing for the Case

John Tarrant, Dept. of Justice; H. Kenneth Schroeder, Jr., U. S. Atty., for appellee.

F. Bernard Hamsher, Buffalo, N. Y., for Russell and Rene DeCicco.

Charles Patrick Bridge, Buffalo, N. Y., for Louis Markus.

Harold J. Boreanaz, Buffalo, N. Y., for Gregory Parness.

Before LUMBARD, Chief Judge, WATERMAN, Circuit Judge, and JAMESON, District Judge.

WATERMAN, Circuit Judge:

Russell DeCicco, his wife Rene, Louis Markus, and Gregory Parness were tried jointly before Judge Henderson and a jury in the United States District Court for the Western District of New York for conspiring to transport stolen goods in interstate commerce in violation of 18 U.S.C. § 2314. The jury found each defendant guilty, and defendants appeal. For reasons to be elaborated below we reverse...

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