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UNITED STATES v. LOBO

No. 1031, Docket 75-1034.

516 F.2d 883 (1975)

UNITED STATES of America, Appellee, v. Mario LOBO, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided May 14, 1975.

Certiorari Denied October 6, 1975.

Attorney(s) appearing for the Case

Albert J. Krieger, New York City, for defendant-appellant.

Paul B. Bergman, Asst. U. S. Atty., E.D.N.Y., for appellee.

Before KAUFMAN, Chief Judge, OAKES, Circuit Judge, and JAMESON, District Judge.

Certiorari Denied October 6, 1975. See 96 S.Ct. 65.

PER CURIAM:

Lobo's sole ground for appeal is based on the flight during trial of his codefendant, Aurelio Martinez-Martinez. After declaring Martinez-Martinez's $100,000 bail forfeit, Judge Mishler permitted the joint trial to proceed, and the jury convicted Lobo and Martinez-Martinez in absentia. The jury was properly instructed that although flight is probative of guilt, evidence of the flight should...

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