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UNITED STATES v. D'AVANZO

Nos. 961, 962, Dockets 71-1012, 71-1029.

443 F.2d 1224 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. Lewis Vincent D'AVANZO and Vincent Anthony Falcone, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided June 9, 1971.

Attorney(s) appearing for the Case

Maurice Edelbaum, New York City, (Lawrence K. Feitell, New York City, of counsel), for defendant-appellant Vincent Anthony Falcone.

Evseroff, Newman & Sonenshine, Brooklyn, N. Y. (William Sonenshine, Brooklyn N. Y., of counsel), for defendant-appellant, Lewis Vincent D'Avanzo.

Mervyn Hamburg, Atty., United States Dept. of Justice, Washington, D. C. (Edward Neaher, U. S. Atty., E.D.N. Y., on the brief), for plaintiff-appellee.

Before KAUFMAN, ANDERSON and MANSFIELD, Circuit Judges.

PER CURIAM:

Appellants were convicted by a jury and subsequently sentenced under three counts of a four-count indictment, for possessing and transporting in interstate commerce, and in a truck whose cab had been stolen, a quantity of some 326 mercury cylinders which had previously been hijacked. The cylinders were being transported from a pier in Staten Island, New York, where they had arrived by ship in May 1969, to another pier in Brooklyn. The truck from which...

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