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UNITED STATES v. LOPEZ

No. 509, Docket 71-2068.

457 F.2d 396 (1972)

UNITED STATES of America, Appellee, v. Edward LOPEZ, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided March 21, 1972.

Attorney(s) appearing for the Case

Michael A. Young, Legal Aid Society, New York City (Robert Kasanof, The Legal Aid Society, New York City, on the brief), for defendant-appellant.

Ira Lee Sorkin, Asst. U.S. Atty. (Whitney North Seymour, Jr., U.S. Atty., S. D. N.Y.; Robert G. Morvillo and Peter F. Rient, Asst. U.S. Attys., on the brief), for appellee.

Before FEINBERG and TIMBERS, Circuit Judges, and THOMSEN, District Judge.

FEINBERG, Circuit Judge:

Defendant Edward Lopez appeals from a judgment of conviction, after a non-jury trial in the United States District Court for the Southern District of New York before Lloyd F. MacMahon, J., on two counts of possession of the contents of stolen mail in violation of 18 U.S.C. § 1708.1 The sole issue on appeal is whether the district court should have granted appellant's motion to dismiss both counts of the indictment...

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