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UNITED STATES v. DI RODIO

No. 77-2448.

565 F.2d 573 (1977)

UNITED STATES of America, Plaintiff-Appellee, v. Joseph Anthony DI RODIO, Defendant-Appellant, Frank Gugliemini, Robert Herko and Sidney Fried, Defendants.

United States Court of Appeals, Ninth Circuit.

November 30, 1977.

Attorney(s) appearing for the Case

Alvin B. Green, Los Angeles, Cal., for defendant-appellant.

James Browning, U. S. Atty., San Francisco, Cal., for plaintiff-appellee.

Before ELY, WRIGHT and CHOY, Circuit Judges.

EUGENE A. WRIGHT, Circuit Judge:

Di Rodio and a codefendant, Sidney Fried, were tried jointly before a jury for transporting stolen property interstate in violation of 18 U.S.C. § 2314. On appeal Di Rodio challenges his conviction on several grounds,1 one of which is that the court erred in allowing an FBI agent to testify about post-arrest statements made by Fried. We reverse on that ground...

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