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UNITED STATES v. DI GIOVANNI

Nos. 154, 155, Dockets 76-1097, 76-1239.

544 F.2d 642 (1976)

UNITED STATES of America, Appellee, v. Robert DI GIOVANNI and Michael Sadowski, Appellants.

United States Court of Appeals, Second Circuit.

Decided November 9, 1976.

Attorney(s) appearing for the Case

Donald E. Nawi, New York City, for appellant Sadowski.

Richard W. Brewster, Asst. U. S. Atty. (David G. Trager, U. S. Atty., E.D.N.Y., Alvin A. Schall, Asst. U. S. Atty., Brooklyn, N.Y., of counsel), for appellee.

Joseph J. Lombardo, Brooklyn, N.Y., for appellant Di Giovanni.

Before ANDERSON, MANSFIELD and MULLIGAN, Circuit Judges.

MULLIGAN, Circuit Judge:

After a jury trial before Hon. Mark Costantino in the District Court for the Eastern District of New York, appellant Di Giovanni was convicted on December 4, 1975 on two counts of bank robbery in violation of 18 U.S.C. § 2113(a). Following a second jury trial before Judge Costantino, appellants Di Giovanni and Sadowski were convicted on January 2, 1976, on one count of bank robbery in violation of 18 U.S.C. § 2113(d). Appellants...

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