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UNITED STATES EX REL. BLOOMFIELD v. GENGLER

Nos. 400, 401, Dockets 74-2291, 74-2305.

507 F.2d 925 (1974)

UNITED STATES ex rel. David BLOOMFIELD, Petitioner-Appellant, v. Louis GENGLER, Warden, Federal House of Detention, New York, New York, and Thomas E. Ferrandina, United States Marshal for the Southern District of New York, Respondents-Appellees. John Bennett ETTINGER, Petitioner-Appellant, v. Thomas E. FERRANDINA, United States Marshal, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided December 11, 1974.

Attorney(s) appearing for the Case

Herman I. Graber, Seigel & Graber, New York City (William Esbitt, Michael P. Stokamer, New York City, of counsel), for appellant.

Thomas E. Engel, New York City (Paul J. Curran, U. S. Atty., for the Southern District of New York, Lawrence Feld, Asst. U. S. Atty., of counsel), for respondents-appellees.

Before MOORE, OAKES and TIMBERS, Circuit Judges.

OAKES, Circuit Judge:

Appellants, American citizens and residents, were indicted in Canada in 1972 for conspiracy to import, conspiracy to export and conspiracy to traffic in Cannabis Resin (hashish). Appellants were brought to trial in the Saint John County Court where, after presentation of all the evidence, the case was dismissed on a finding by the judge that there was a variance between the offenses charged in the indictment and the proof adduced at trial: while...

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