UNITED STATES v. MAHLER

Nos. 912, 960, Dockets 77-1484, 78-1048.

579 F.2d 730 (1978)

UNITED STATES of America, Appellee, v. Arnold Nelson MAHLER and Dean H. Ubben, Appellants.

United States Court of Appeals, Second Circuit.

Decided June 26, 1978.


Attorney(s) appearing for the Case

N. Richard Janis, Washington, D.C. (James E. Sharp, A. Raymond Randolph, Jr., Washington, D.C., of counsel), for appellant Mahler.

David Blackstone, New York City, for appellant Ubben.

Jed S. Rakoff, Asst. U.S. Atty., New York City (Robert B. Fiske, Jr., U.S. Atty. for the Southern District of New York, Pamela R. Chepiga, Frederick T. Davis, Audrey Strauss, Asst. U.S. Attys., New York City, of counsel), for appellee.

Before MOORE, OAKES and GURFEIN, Circuit Judges.


OAKES, Circuit Judge:

Appellants Arnold Nelson Mahler and Dean H. Ubben appeal from their convictions by a jury following a trial in the United States District Court for the Southern District of New York, Milton Pollack, Judge. Their earlier seven-week trial before Judge Marvin E. Frankel ended in a mistrial when one of the jurors suffered a heart attack during the deliberations. On the retrial approximately five months later on a superseding indictment which narrowed...

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