No. 78-1481.

587 F.2d 532 (1978)

UNITED STATES of America, Plaintiff, Appellee, v. Kenneth SCHIAVO and Gennaro Farina, Defendants, Appellants.

United States Court of Appeals, First Circuit.

Decided November 15, 1978.

Attorney(s) appearing for the Case

Scott E. Shteir, Brookline, Mass., with whom Richard J. Vita, Dorchester, Mass., was on memorandum for appellants.

Robert B. Collings, First Asst. U. S. Atty., Boston, Mass., with whom Edward F. Harrington, U. S. Atty., Boston, Mass., was on memorandum for appellee.

Before ALDRICH, CAMPBELL and BOWNES, Circuit Judges.


In view of a legal error committed during the trial, the district court "conditionally" granted defendants' motions to vacate sentence, stating, "if the government does not move for new trials within 90 days, petitioners . . . shall be discharged from federal custody on this judgment." Thereafter the district court denied defendants' motions for release on bail pending their retrial or unconditional discharge...

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