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UNITED STATES v. AUGELLO

Nos. 113, 114, Dockets 35634, 35635.

452 F.2d 1135 (1971)

UNITED STATES of America, Appellee, v. Anthony AUGELLO and Frank Sciortino, Appellants.

United States Court of Appeals, Second Circuit.

Decided December 17, 1971.

Attorney(s) appearing for the Case

John Nicholas Iannuzzi, New York City (Iannuzzi & Iannuzzi, New York City, on the brief), for appellant Augello.

Fergus B. Norton, Mineola, N. Y. (Byrnes & Norton, Mineola, N. Y., on the brief), for appellant Sciortino.

John J. Robinson, Atty., Dept. of Justice, Washington, D. C. (Edward R. Neaher, U. S. Atty., E.D.N.Y., Brooklyn, N. Y., Beatrice Rosenberg and Craig M. Bradley, Attys., Dept. of Justice, Washington, D. C., on the brief), for appellee.

Before LUMBARD, MANSFIELD and OAKES, Circuit Judges.

MANSFIELD, Circuit Judge:

After a jury trial in the United States District Court for the Eastern District of New York, appellants and a third co-defendant, Joseph Conigliaro, who has not appealed, were on June 30, 1970, found guilty of knowingly receiving stolen merchandise in foreign commerce in violation of 18 U.S.C. § 659 (Count 2) and of conspiracy to receive the merchandise in violation of that section, 18 U.S.C. § 371 (Count 1). Augello was sentenced...

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