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UNITED STATES v. CIOFFI

Nos. 984, 985. Indexes 73-1339, 73-1257.

487 F.2d 492 (1973)

UNITED STATES of America, Appellee, v. Pasquale CIOFFI and Eugene Robert Ciuzio, Appellants.

United States Court of Appeals, Second Circuit.

Decided July 16, 1973.

Rehearing Denied October 1, 1973.

Attorney(s) appearing for the Case

Joel A. Brenner, Mineola, N. Y. (Richard I. Rosenkranz, New York City, of counsel), for appellants.

Peter M. Shannon, Dept. of Justice, Washington, D. C. (Robert Morse, U. S. Atty., E. D. N. Y., and Sidney M. Glazer, Washington, D. C., of counsel), for appellee.

Before FRIENDLY, FEINBERG and MANSFIELD, Circuit Judges.

FRIENDLY, Circuit Judge:

Count 1 of the indictment in this case charged that appellants Cioffi and Ciuzio "knowingly did possess with intent to use and sell, approximately four hundred forged and counterfeited postage stamps of the denomination of six cents" in violation of 18 U.S.C. § 501; count 2 charged that they had conspired to violate the same section by agreeing to commit the acts set forth in count 1. After trial...

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