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UNITED STATES v. PINCIONE

No. 77-5112.

565 F.2d 404 (1977)

UNITED STATES of America, Appellee, v. Alfred PINCIONE, Appellant.

United States Court of Appeals, Sixth Circuit.

Decided November 16, 1977.

Attorney(s) appearing for the Case

Samuel Petkovich (Court-appointed—CJA), Warren, Ohio, for appellant.

Frederick M. Coleman, U. S. Atty., Cleveland, Ohio, Rebekah J. Poston, Special Atty., U. S. Dept. of Justice, Organized Crime and Racketeering Section, Cleveland, Ohio, and Mervyn Hamburg, c/o T. George Gilinsky, Washington, D. C., for appellee.

Before PHILLIPS, Chief Judge, and WEICK and ENGEL, Circuit Judges.

PER CURIAM.

Alfred Pincione, the appellant in the present case, and Ann Marie Maselli were convicted in a joint trial of violations of the Travel Act, 18 U.S.C. § 1952, and the Mann Act, 18 U.S.C. § 2421.

The charge of the district court to the jury contained the following language:

Each witness is presumed to speak the truth; however, if you find the presumption of truthfulness to be outweighed as to any witness, you will give the testimony...

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