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UNITED STATES v. GARGISO

No. 413, Docket 71-2052.

456 F.2d 584 (1972)

UNITED STATES of America, Appellee, v. Frank GARGISO, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided February 18, 1972.

Attorney(s) appearing for the Case

H. Elliot Wales, New York City, for defendant-appellant.

Robert J. Vedatsky, Dept. of Justice, Washington, D. C. (Robert A. Morse, U. S. Atty., E.D.N.Y., Brooklyn, N. Y., Liam S. Coonan, Dept. of Justice, Brooklyn, N. Y., of counsel), for appellee.

Before ANDERSON, OAKES and TIMBERS, Circuit Judges.

OAKES, Circuit Judge.

After a non-jury trial before Judge Dooling in the Eastern District of New York, appellant was convicted on three counts charging him with possession of footwear, greater than $100 in value, stolen from interstate commerce in violation of 18 U.S.C. § 659.1 On July 30, 1971, he was sentenced to concurrent prison terms of three years on each count — six months to be served in prison and the balance to be...

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