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UNITED STATES v. DRISCOLL

No. 71-1076.

449 F.2d 894 (1971)

UNITED STATES of America, Appellee, v. John F. DRISCOLL, Defendant-Appellant.

United States Court of Appeals, First Circuit.

October 12, 1971.

Attorney(s) appearing for the Case

Francis J. DiMento, Boston, Mass., with whom DiMento & Sullivan and Thomas C. Cameron, Boston, Mass., were on brief, for appellant.

William A. Brown, Asst. U. S. Atty., with whom Herbert F. Travers, Jr., U. S. Atty., and James B. Krasnoo, Asst. U. S. Atty., were on brief, for appellee.

Before ALDRICH, Chief Judge, and McENTEE and COFFIN, Circuit Judges.

McENTEE, Circuit Judge.

Defendant appeals from his conviction on two counts of a three count indictment. The first count charges him as an accessory to an attempt to smuggle aliens into the United States in violation of 8 U.S.C. § 1324(a) (1970). The second count was withdrawn at trial. The third count charges conspiracy to commit the above offense in violation of 18 U.S.C. § 371 (1970). For reasons set forth below we reverse the conviction on the conspiracy...

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