UNITED STATES v. ZANNINO

No. 72-1153.

468 F.2d 1299 (1972)

UNITED STATES of America, Appellee, v. Ilario ZANNINO et al., Defendants, Appellants.

United States Court of Appeals, First Circuit.

Decided November 7, 1972.


Attorney(s) appearing for the Case

Joseph J. Balliro and Francis J. DiMento, Boston, Mass., with whom Dimento & Sullivan, Balliro & Woodrow, Boston, Mass., Robert V. Mulkern, Fusaro & Fusaro, Worcester, Mass., and Ronald J. Chisholm, Boston, Mass., were on briefs for defendants-appellants.

Edward F. Harrington, Special Atty., Dept. of Justice, with whom Joseph L. Tauro, U.S. Atty., and Albert F. Cullen, Jr., Special Atty., Dept. of Justice, were on brief, for appellee.

Before COFFIN, Chief Judge, McENTEE, Circuit Judge, and HAMLEY, Senior Circuit Judge.


McENTEE, Circuit Judge.

Appellants Zannino, Balliro, Limone, and Strauss were convicted for transporting or aiding and abetting the transport of goods in interstate commerce knowing the same to have been stolen. Appellants filed a motion for new trial based upon newly discovered evidence. This motion was denied. In United States v. Strauss, 443 F.2d 986 (1st Cir.), cert. denied, 404 U.S. 851, 92 S.Ct. 87, 30 L.Ed.2d 90 (1971)

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