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UNITED STATES v. PEZZINO

No. 75-2305.

535 F.2d 483 (1976)

UNITED STATES of America, Appellee, v. Frank Joseph PEZZINO, Appellant.

United States Court of Appeals, Ninth Circuit.

January 23, 1976.

Attorney(s) appearing for the Case

Elizabeth Meyer (argued), San Diego, Cal., for appellant.

Reuben H. Wallace, Jr., Atty. (argued), Dept. of Justice, Washington, D. C., for appellee.

Before HUFSTEDLER and WALLACE, Circuit Judges, and PALMIERI, District Judge.

OPINION

PER CURIAM:

Pezzino appeals from his conviction for violating 18 U.S.C. §§ 371, 1084(a) and 1952(a).

He first contends that his conviction for conspiracy (§ 371) fails because Wharton's Rule1 prevents him from being convicted for a conspiracy when the substantive offenses upon which it was based required concert of action between or among two or more persons...

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