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UNITED STATES v. BECKER

Nos. 77-1653 to 77-1655.

585 F.2d 703 (1978)

UNITED STATES of America, Appellee, v. William J. BECKER, Appellant. UNITED STATES of America, Appellee, v. Albert J. BRUNO, Appellant. UNITED STATES of America, Appellee, v. James E. ELSKOE, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided October 31, 1978.

Attorney(s) appearing for the Case

Leslie L. Gladstone, Baltimore, Md., for appellant in 77-1653.

Andrew Jay Graham, Baltimore, Md., for appellant in 77-1655.

Michael E. Marr, Susan S. Myerberg, Baltimore, Md., on brief, for appellant in 77-1654.

Catherine Blake, Asst. U. S. Atty., Baltimore, Md. (Jervis S. Finney, U. S. Atty., and Thomas L. Crowe, Asst. U. S. Atty., Baltimore, Md., on brief), for appellee.

Before BOREMAN, Senior Circuit Judge, and WINTER and HALL, Circuit Judges.

BOREMAN, Senior Circuit Judge:

William Becker, Albert Bruno, and James Elskoe were indicted jointly on a charge of conspiring to effect Becker's escape from federal custody, 18 U.S.C. §§ 371, 751(a). The defendants were tried together and the jury failed to agree upon a verdict whereupon a mistrial was declared. Seventy-nine days later the case came on for trial before a second jury which returned a guilty verdict as to each defendant. Becker and one George...

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