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UNITED STATES v. FISCHETTI

No. 71-1175.

450 F.2d 34 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. Joseph John FISCHETTI and Donald F. Gillette, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied November 16, 1971.

Attorney(s) appearing for the Case

John F. Rudy, II, Thomas A. Wadden, Jr., Washington, D. C., for Gillette.

Frank Ragano, Raymond E. La Porte, Ragano & La Porte, Miami, Fla., for Fischetti.

Robert W. Rust U. S. Atty., Miami, Fla., Sidney M. Glazer, U. S. Dept. of Justice, Roger A. Pauley, Atty., Appellate Section, Shirley Baccus-Lobel, Criminal Div., Dept. of Justice, Washington, D. C., for plaintiff-appellee.

Before GEWIN, GOLDBERG and DYER, Circuit Judges.

DYER, Circuit Judge:

A jury convicted the appellants on a two count violation of 29 U.S.C.A. § 186(b) (1) and one count of conspiracy to violate § 186.1 Appellants urge on appeal that the trial court erred in permitting the indictment to be substantially amended, in admitting prejudicial and hearsay evidence, and in its instructions to the jury on conspiracy. We affirm the conspiracy conviction and reverse the conviction on the...

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