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UNITED STATES v. BOVA

No. 73-1340.

493 F.2d 33 (1974)

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

United States Court of Appeals, Fifth Circuit.

April 26, 1974.

Attorney(s) appearing for the Case

Alvin Goodman, Miami, Fla., for defendant-appellant.

Robert W. Rust, U. S. Atty., Carol M. Anderson, Asst. U. S. Atty., Miami, Fla., for plaintiff-appellee.

Before WISDOM, COLEMAN and SIMPSON, Circuit Judges.

SIMPSON, Circuit Judge:

We review appellant's conviction on two counts of violation of federal narcotics laws. We determine that Bova was improperly joined in the indictment with a codefendant as to offenses unrelated to appellant, in violation of F.R. Crim.P. 8(b). We reverse his conviction and remand for a new trial.

I. The Facts

The appellant, Bova, and a codefendant, John Coccuzza, were charged in a four count indictment with unlawful...

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