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UNITED STATES v. LUCCHETTI

No. 417, Docket 75-1221.

533 F.2d 28 (1976)

UNITED STATES of AMERICA, Appellee, v. Charles LUCCHETTI, Appellant.

United States Court of Appeals, Second Circuit.

Decided March 4, 1976.

Attorney(s) appearing for the Case

Joan S. O'Brien, Asst. U. S. Atty., Eastern District of New York, Brooklyn, N. Y. (David G. Trager, U. S. Atty., Paul B. Bergman, Asst. U. S. Atty., Eastern District of New York, Brooklyn, N. Y., of counsel), for appellee.

Henry J. Boitel, New York City, for appellant.

Before MULLIGAN, OAKES and MESKILL, Circuit Judges.

MESKILL, Circuit Judge:

Charles Lucchetti appeals from a judgment of conviction for conspiracy and armed bank robbery in violation of 18 U.S.C. §§ 371 and 2113(d) after a jury trial before Jack B. Weinstein, District Judge, in the United States District Court for the Eastern District of New York. Lucchetti previously had been tried and convicted on the same charges. That conviction, however, was vacated by Chief Judge Jacob Mishler upon Lucchetti...

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