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UNITED STATES v. BIRRELL

No. 951, Docket 35191.

447 F.2d 1168 (1971)

UNITED STATES of America, Appellee, v. Lowell M. BIRRELL, Appellant.

United States Court of Appeals, Second Circuit.

Decided September 8, 1971.

Attorney(s) appearing for the Case

Robert L. Clare, Jr., New York City (William B. Pennell, Allin C. Seward, III, and Elliot A. Taikeff, New York City, of counsel), for appellant.

John M. Walker, Jr., Asst. U. S. Atty. (Whitney North Seymour, Jr., U. S. Atty. for Southern District of New York, John H. Doyle, III, Walter M. Phillips, Jr., and Jack Kaplan, Asst. U. S. Attys., of counsel), for appellee.

Before CLARK, Associate Justice, SMITH, Circuit Judge, and ZAVATT, District Judge.

J. JOSEPH SMITH, Circuit Judge:

Defendant Lowell M. Birrell appeals from a judgment of conviction entered after a jury trial in the United States District Court for the Southern District of New York (Frederick van Pelt Bryan, Judge). He was found guilty of transmitting in interstate commerce wire communications for the purpose of executing a fraudulent scheme, in violation of 18 U.S.C. § 1343. Defendant was sentenced to two years imprisonment. He had also been...

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