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UNITED STATES v. LEVINE

No. 76-1543.

546 F.2d 658 (1977)

UNITED STATES of America, Plaintiff-Appellee, v. Sidney LEVINE and MPD Film Productions, Inc., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied May 2, 1977.

Attorney(s) appearing for the Case

Joel Hirschhorn, Miami, Fla., Ralph J. Schwarz, Jr., New York City, Herald Price Fahringer, Buffalo, N. Y., for defendants-appellants.

Robert W. Rust, U. S. Atty., J. Daniel Ennis, Asst. U. S. Atty., Miami, Fla., for plaintiff-appellee.

Before TUTTLE, CLARK and RONEY, Circuit Judges.

Rehearing Denied May 2, 1977. See 551 F.2d 687.

CLARK, Circuit Judge:

Defendants, Sidney Levine and MPD Film Productions, Inc. (MPD), appeal from judgments of conviction and sentences entered by the district court for conspiracy and interstate shipment of obscene films. Because the indictment charged separate, distinct, and unrelated offenses by different defendants in contravention of Federal Rule of Criminal Procedure 8...

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