UNITED STATES v. MARTORANO

No. 76-1372.

561 F.2d 406 (1977)

UNITED STATES of America, Appellee, v. James MARTORANO, Appellant.

United States Court of Appeals, First Circuit.

Decided August 24, 1977.


Attorney(s) appearing for the Case

Joseph S. Oteri, Boston, Mass., with whom Oteri & Weinberg, Boston, Mass., Alan M. Dershowitz, Jeanne Baker and Rosenberg, Baker & Fine, Cambridge, Mass., were on brief, for appellant.

Dennis A. Winston, Atty., Dept. of Justice, Washington, D. C., with whom James N. Gabriel, U. S. Atty., Martin D. Boudreau, Sp. Atty., Boston Strike Force, Boston, Mass. and Mervyn Hamburg, Atty., Dept. of Justice, Washington, D. C., were on brief, for appellee.

Before COFFIN, Chief Judge, ALDRICH and CAMPBELL, Circuit Judges.


COFFIN, Chief Judge.

Having on appellant's petition for rehearing granted leave to file briefs on the issue whether Glasser v. United States, 315 U.S. 60, 62 S.Ct. 457, 86 L.Ed. 680 (1942), has been partially overruled and having now considered the briefs of the parties submitted on this question, we continue to believe that the viability of Glasser is in some doubt for the reasons we state below. But our further reflections...

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