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UNITED STATES v. FISTEL

No. 608, Docket 71-2196.

460 F.2d 157 (1972)

UNITED STATES of America, Appellee, v. Stanley M. FISTEL, Appellant.

United States Court of Appeals, Second Circuit.

Decided May 17, 1972.

Attorney(s) appearing for the Case

H. Richard Uviller, New York City (Abraham Glasser, New York City, on brief), for appellant.

John H. Gross, New York City, Asst. U. S. Atty. (Whitney North Seymour, Jr., U. S. Atty., and John W. Nields, Jr., Asst. U. S. Atty., of counsel), for appellee.

Before FRIENDLY, Chief Judge, TIMBERS, Circuit Judge, and JAMESON, District Judge.

JAMESON, District Judge:

Appellant, Stanley M. Fistel, was charged in a single-count indictment with unlawfully and knowingly possessing nine $100,000 United States Treasury Bills which had been unlawfully taken from Manufacturers Hanover Trust Company, in violation of 18 U.S.C. § 2113(c).1 He was convicted, following jury trial, and sentenced to eight years imprisonment.

Appellant contends that (1) the indictment is void...

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