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UNITED STATES v. CALLAHAN

Nos. 444, 462, Dockets 35231, 35642.

439 F.2d 852 (1971)

UNITED STATES of America, Appellee, v. Thomas CALLAHAN and Thomas Kapatos, Appellants.

United States Court of Appeals, Second Circuit.

Decided March 22, 1971.

Attorney(s) appearing for the Case

John R. Wing, Asst. U. S. Atty., New York City (Richard Davis and Jack Kaplan, Asst. U. S. Attys., and Whitney North Seymour, Jr., U. S. Atty. S.D.N.Y., New York City, on the brief), for appellee.

Herald Price Fahringer, Buffalo, N. Y. (Theodore Rosenberg, Brooklyn, N. Y., and Lipsitz, Green, Fahringer, Roll, Schuller & James, Buffalo, N. Y., on the brief), for appellants.

Before MEDINA, HAYS and ANDERSON, Circuit Judges.

MEDINA, Circuit Judge:

Thomas Callahan and Thomas Kapatos appeal from convictions for conspiring to rob a bank money truck in violation of 18 U.S.C. Section 371 (1964) and for transporting a stolen automobile in interstate commerce in violation of 18 U.S.C. Section 2312 (1964). Each of the appellants was sentenced to consecutive five-year terms on each count. The grand jury had returned a nine-count indictment against Callahan and Kapatos, but most of the charges...

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