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UNITED STATES v. DWYER

Nos. 1124, 1255 Dockets 76-1108, 76-1254.

539 F.2d 924 (1976)

UNITED STATES of America, Appellee, v. John DWYER and John Dobranski, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided July 26, 1976.

Attorney(s) appearing for the Case

Milton Diamond, Highland Park, N. J., for defendant-appellant Dwyer.

William L. Boyan, Lawrenceville, N. J., for defendant-appellant Dobranski.

Allan Levine, Asst. U. S. Atty., S. D. N. Y., New York City (Robert B. Fiske, Jr., U. S. Atty., S. D. N. Y., on the brief, John C. Sabetta, Asst. U. S. Atty., New York City, of Counsel), for appellee.

Before KAUFMAN, Chief Judge, FEINBERG and VAN GRAAFEILAND, Circuit Judges.

VAN GRAAFEILAND, Circuit Judge:

On December 23, 1975, following a seven day jury trial before Judge Kevin T. Duffy in the Southern District of New York, appellants were found guilty of transferring firearms in violation of 26 U.S.C. §§ 5811, 5812, 5861(e), possessing firearms in violation of 26 U.S.C. § 5861(d) and conspiring to violate the aforementioned laws. Because we believe that the trial judge's exclusion of evidence critical to appellant Dwyer...

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