UNITED STATES v. ROSE

No. 547, Docket 73-2760.

525 F.2d 1026 (1975)

UNITED STATES of America, Appellee, v. Cecil Grafton ROSE, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided November 19, 1975.

Certiorari Denied March 8, 1976.


Attorney(s) appearing for the Case

Paul J. Curran, U.S. Atty. for the Southern District of New York, Michael B. Mukasey and Rudolph W. Giuliani, Asst. U.S. Attys., New York City, on the brief, for appellee.

William J. Gallagher, The Legal Aid Society, New York City, Federal Defender Services Unit and E. Thomas Boyle, New York City, on the brief, for defendant-appellant.

Before LUMBARD and HAYS, Circuit Judges, and JAMESON, District Judge.


Certiorari Denied March 8, 1976. See 96 S.Ct. 1432.

LUMBARD, Circuit Judge:

This appeal is before us again on remand by the Supreme Court for reconsideration in light of United States v. Hale, 422 U.S. 171, 95 S.Ct. 2133, 45 L.Ed.2d 99 (1975). The relevant facts are set forth in our prior opinion, United States v. Rose, 500 F.2d 12 (2d Cir. 1974), in which we upheld appellant Cecil...

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