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UNITED STATES v. FALCO

No. 73-3681.

496 F.2d 1359 (1974)

UNITED STATES of America, Plaintiff-Appellee, v. James Michael FALCO, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

July 22, 1974.

Attorney(s) appearing for the Case

Max Kogen, Miami, Fla., for defendant-appellant.

Robert W. Rust, U. S. Atty., Miami, Fla., Marshall Tamor Golding, U. S. Dept. of Justice, Washington, D. C., for plaintiff-appellee.

Before DYER and MORGAN, Circuit Judges, and KRAFT, District Judge.

KRAFT, District Judge.

Appellant, James Michael Falco (Falco), was indicted on June 13, 1972 under No. 72-450-CR-PF, together with Ettore Coco (Coco) and Louis Nakaladski (Nakaladski). On September 4, 1973, Falco was again indicted with the same co-defendants under No. 73-636-CR-PF.

The earlier indictment embodied eight counts which, insofar as here relevant, may be briefly summarized:

Count 1. Conspiracy by the defendants and other persons...

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