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UNITED STATES v. FERNANDEZ

No. 160, Docket 74-1164.

506 F.2d 1200 (1974)

UNITED STATES of America, Appellant, v. Fred FERNANDEZ, Appellee.

United States Court of Appeals, Second Circuit.

Decided November 6, 1974.

Attorney(s) appearing for the Case

Thomas R. Pattison, Asst. U. S. Atty. (David G. Trager, U. S. Atty., E. D. N. Y., L. Kevin Sheridan, Asst. U. S. Atty., of counsel), for appellant.

Eleanor Jackson Piel, New York City, for appellee.

Before KAUFMAN, Chief Judge, and SMITH and TIMBERS, Circuit Judges.

J. JOSEPH SMITH, Circuit Judge:

This appeal marks our third encounter with the prosecution of Fred Fernandez. On February 25, 1971, Fernandez was indicted for his alleged participation in the Christmas Eve, 1970 holdup of the First Federal Savings and Loan Association on Kissena Boulevard in Queens. Since that time the government has made four unsuccessful attempts to convict him, and now it asks us to give it another chance. The first trial resulted in a hung jury...

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