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UNITED STATES v. FAVALORO

Nos. 361, 362, 370, Dockets 73-2060, 73-2065, 73-2089.

493 F.2d 623 (1974)

UNITED STATES of America, Appellee, v. James FAVALORO et al., Appellants.

United States Court of Appeals, Second Circuit.

Decided March 18, 1974.

Opinion on Rehearing May 23, 1974.

Attorney(s) appearing for the Case

George G. Bashian, Jr., Asst. U.S. Atty. (Robert A. Morse, U.S. Atty., E. D.N.Y., L. Kevin Sheridan, Asst. U.S. Atty., of counsel), for appellee.

Alan F. Scribner, New York City (Ivan S. Fisher, New York City, of counsel), for appellant Favaloro.

Maurice Brill, New York City, for appellant Soluri.

Jay Gregory Horlick, New York City (Zerin, Cooper & Horlick, P. C., New York City, of counsel), for appellant Moschitta.

Before MOORE, HAYS and MANSFIELD, Circuit Judges.

HAYS, Circuit Judge:

This is an appeal from judgments of conviction for possession and sale of goods stolen from interstate commerce, 18 U.S.C. §§ 659, 2313, and 2315. Appellants argue that they were denied a speedy trial under the Second Circuit Rules Regarding Prompt Disposition of Criminal Cases.1 We agree with respect to two defendants and therefore reverse their conviction with orders to dismiss the indictments against them...

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