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UNITED STATES v. BARONE

Nos. 857-858, Dockets 72-1476, 72-1477.

467 F.2d 247 (1972)

UNITED STATES of America, Appellee, v. Bruno BARONE and Louis DiBuono, Appellants.

United States Court of Appeals, Second Circuit.

Decided September 26, 1972.

Attorney(s) appearing for the Case

Maurice M. McDermott, Asst. U.S. Atty. (Whitney North Seymour, Jr., U.S. Atty., S. D. New York, Jeffrey Harris, John W. Nields, Jr., Asst. U.S. Attys., on the brief), for appellee.

H. Elliot Wales, New York City (Vincent W. Lanna, Yonkers, N. Y., on the brief), for appellants.

Before KAUFMAN, HAYS and OAKES, Circuit Judges.

HAYS, Circuit Judge.

Appellant Barone was convicted by a jury in the United States District Court for the Southern District of New York of three counts of transmitting wagering information in interstate commerce, 18 U.S.C. § 1084 (1970),1 and one count of conspiracy to violate that section. Appellant DiBuono was convicted only on a conspiracy count; two substantive counts involving him were dismissed by the trial court, and the jury...

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