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UNITED STATES v. FATICO

No. 758, Docket 78-1003.

579 F.2d 707 (1978)

UNITED STATES of America, Appellant, v. Carmine FATICO, and Daniel Fatico, Appellees.

United States Court of Appeals, Second Circuit.

Decided June 12, 1978.

Attorney(s) appearing for the Case

Lawrence H. Sharf, New York City (David G. Trager, U. S. Atty. for the Eastern District of New York, Thomas P. Puccio, Department of Justice Organized Crime Strike Force, Eastern District of New York, Brooklyn, N. Y., of counsel), for appellant.

Roy M. Cohn, New York City (Michael Rosen, Saxe, Bacon & Bolan, P. C., New York City, of counsel), for appellees.

Before FEINBERG, MANSFIELD and OAKES, Circuit Judges.

OAKES, Circuit Judge:

This is an unusual interlocutory appeal by the United States from a unique order excluding evidence sought to be introduced at a sentencing hearing. The evidence, which revealed that the convicted defendants were connected to organized crime, was to be presented principally by an FBI agent's testimony. The offer was made that he would testify that a reliable but confidential informant who is a member of the Carlo Gambino crime family told the...

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