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UNITED STATES v. CYPHERS

Nos. 328, 329, Dockets 76-1131, 76-1160.

556 F.2d 630 (1977)

UNITED STATES of America, Appellee, v. James Seeley CYPHERS and James W. Ferro, Appellants.

United States Court of Appeals, Second Circuit.

Decided February 8, 1977.

Rehearing Denied April 18 and June 29, 1977.

Certiorari Denied June 13, 1977.

Attorney(s) appearing for the Case

Jonathan Silbermann, New York City (William J. Gallagher, The Legal Aid Society, Federal Defender Services Unit, New York City), for Ferro.

Thomas W. Evans, New York City (P. Jay Wilker and Lance Gotthoffer, New York City, of counsel), for Cyphers.

Douglas J. Kramer, Asst. U.S. Atty., Brooklyn, N.Y. (David G. Trager, U.S. Atty., for the Eastern District of New York, Bernard J. Fried, Asst. U.S. Atty., Brooklyn, N.Y., of counsel), for appellee.

Before SMITH, OAKES and TIMBERS, Circuit Judges.

Rehearing En Banc Denied April 18 and June 29, 1977.

J. JOSEPH SMITH, Circuit Judge:

This is an appeal by James Cyphers and James Ferro from judgments of conviction on three counts, based on two indictments, of violating 18 U.S.C. § 1341 (mail fraud) after a jury trial in the United States District Court for the Eastern District of New York, Thomas C. Platt, Jr., Judge. Both Cyphers and Ferro claim that...

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