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UNITED STATES v. BENSON

Nos. 540, 541 and 544, Dockets 76-1404, 76-1412 and 76-1419.

548 F.2d 42 (1977)

UNITED STATES of America, Appellee, v. Harry Levine BENSON et al., Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided January 6, 1977.

Certiorari Denied February 28, 1977.

Attorney(s) appearing for the Case

Allan Levine, Asst. U.S. Atty., New York City (Robert B. Fiske, Jr., U.S. Atty., S.D.N.Y., Audrey Strauss, Asst. U.S. Atty., New York City, of counsel), for appellee.

Gilbert Epstein, New York City (Stokamer & Epstein, New York City), for defendant-appellant Benson.

Gretchen W. Oberman, New York City, for defendant-appellant Kaminsky.

Phylis S. Bamberger, New York City (William J. Gallagher, Legal Aid Society, New York City), for defendant-appellant Danise.

Before MULLIGAN, TIMBERS and VAN GRAAFEILAND, Circuit Judges.

MULLIGAN, Circuit Judge.

The appellants Herbert Kaminsky and Harry Levine Benson were convicted on June 2, 1976 after a jury trial before the Hon. Charles H. Tenney, United States District Court for the Southern District of New York, on three counts of an indictment charging 1) conspiracy to defraud, 2) the use of a wire communication in interstate and foreign commerce in the execution of the scheme to defraud, and 3) inducing an individual to travel in interstate...

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