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UNITED STATES v. FIORELLA

Nos. 131, 132, Dockets 72-1459, 72-1460.

468 F.2d 688 (1972)

UNITED STATES of America, Appellee, v. Michael Leo FIORELLA et al., Appellants.

United States Court of Appeals, Second Circuit.

Decided October 13, 1972.

Attorney(s) appearing for the Case

Herald Price Fahringer, Jr., Buffalo, N.Y. (Lawrence A. Schulz, Buffalo, N.Y., of counsel), for appellant Michael Leo Fiorella.

Norman A. Palmiere, Rochester, N.Y., for appellants A. Richard Fiorella, Clifford Carll, John Porcello, Anthony Pizzutelli, Angelo Alfano, Alfred Rivoli and James Comunale.

Dennis P. O'Keefe, U.S. Dept. of Justice, Washington, D.C. (John T. Elfvin, U.S. Atty. for the Western District of New York, of counsel), for appellee.

Before SMITH, KAUFMAN and MANSFIELD, Circuit Judges.

J. JOSEPH SMITH, Circuit Judge:

Michael Leo Fiorella, A. Richard Fiorella, Clifford Carll, John Porcello, Anthony Pizzutelli, Angelo Alfano, Alfred Rivoli, and James Comunale were convicted after a six-day jury trial in the Western District of New York, Harold P. Burke, Judge, of conspiracy to violate 18 U.S.C. § 1955, which makes it a federal crime to conduct certain types of gambling businesses.1 All were acquitted on the substantive...

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