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UNITED STATES v. VIRUET

No. 1016, Docket 76-1059.

539 F.2d 295 (1976)

UNITED STATES of America, Appellee, v. Paul VIRUET and Frank Cerell, Appellants.

United States Court of Appeals, Second Circuit.

Decided August 5, 1976.

Attorney(s) appearing for the Case

A. Isadore Eibel, New York City, for appellant Viruet.

Frank A. Lopez, Brooklyn, N. Y., for appellant Cerell.

T. Gorman Reilly, Asst. U. S. Atty., Robert B. Fiske, Jr., U. S. Atty., S. D. N. Y., Lawrence B. Pedowitz, Asst. U. S. Atty., New York City, for appellee.

Before OAKES and VAN GRAAFEILAND, Circuit Judges, and JUDD, District Judge.

PER CURIAM:

There was clearly sufficient evidence from which the jury could find that Viruet and Cerell agreed in advance to dispose of a load of merchandise which was to be hijacked, that the load was taken to the driveway alongside Cerell's house and unloaded into a shed attached to the rear of the house, that Viruet and Cerell were both present when the truck was unloaded, and that both participated in subsequent payments to the actual hijackers, some of whom testified...

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