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UNITED STATES v. MAMONE

No. 247, Docket 76-1295.

543 F.2d 457 (1976)

UNITED STATES of America, Appellee, v. Angelo MAMONE, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided October 21, 1976.

Attorney(s) appearing for the Case

Robert L. Ellis, New York City, for defendant-appellant.

Thomas M. Fortuin, Asst. U. S. Atty., New York City (Daniel R. Murdock, Chief Asst. U. S. Atty., S. D. N. Y., Thomas E. Engel and Lawrence B. Pedowitz, Asst. U. S. Attys., New York City, on the brief), for appellee.

Before FEINBERG and VAN GRAAFEILAND, Circuit Judges, and MOTLEY, District Judge.

FEINBERG, Circuit Judge:

Angelo Mamone appeals from an order of Judge Kevin T. Duffy, entered in the United States District Court for the Southern District of New York, denying Mamone's motion for a new trial under Fed.R.Crim.P. 33. After a long jury trial in 1974, Mamone and 14 co-defendants were convicted of conspiring to violate the narcotics laws. A co-defendant in that trial, Joseph Marchese, was acquitted by the judge. The basis of Mamone's Rule 33 motion is...

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