UNITED STATES v. DE SIMONE

No. 52, Docket 72-1311.

468 F.2d 1196 (1972)

UNITED STATES of America, Appellee, v. Ralph DE SIMONE, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided November 6, 1972.


Attorney(s) appearing for the Case

Harvey A. Silverglate, Boston, Mass. (Zalkind & Silvergate, Roger C. Park, Boston, Mass., James M. La Rossa, Gerald L. Shargel, New York City, on brief), for defendant-appellant.

Ira Lee Sorkin, Asst. U. S. Atty. (Whitney North Seymour, Jr., U. S. Atty., S. D. N. Y., Peter F. Rient, Asst. U. S. Atty., on brief), for appellee.

Before FRIENDLY, Chief Judge, and LUMBARD and FEINBERG, Circuit Judges.


FEINBERG, Circuit Judge:

On June 2, 1971, appellant Ralph De Simone was indicted for conspiring with others to violate former sections 173 and 174 of Title 21, United States Code, prohibiting the importation of narcotic drugs. The indictment alleged that the conspiracy had lasted from approximately December 1, 1967 until the date of filing of the indictment, and it specified four overt acts performed in furtherance of the conspiracy. The last of these was alleged...

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