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UNITED STATES v. HERMAN

Nos. 78-1252, 78-1282.

589 F.2d 1191 (1978)

UNITED STATES of America v. Richard P. HERMAN, Appellant. UNITED STATES of America v. James J. McCANN, Appellant in No. 78-1282.

United States Court of Appeals, Third Circuit.

Decided November 17, 1978.

As Amended December 27, 1978.

Attorney(s) appearing for the Case

Richard H. Martin, Baskin, Boreman, Wilner, Sachs, Gondelman & Craig, Pittsburgh, Pa., for Richard P. Herman.

Thomas A. Livingston, Dennis J. Clark, Pittsburgh, Pa., for James J. McCann.

Blair A. Griffith, U. S. Atty., James J. West, Asst. U. S. Atty., Bruce A. Antkowiak, Jeffrey A. Manning, Asst. U. S. Attys., Pittsburgh, Pa., for appellee.

Before GIBBONS, HUNTER and GARTH, Circuit Judges.

OPINION OF THE COURT

GIBBONS, Circuit Judge:

In these consolidated appeals Richard P. Herman (No. 78-1252) and James J. McCann (No. 78-1282), former state court magistrates in Allegheny County, Pennsylvania, appeal from judgments of sentence following their conviction for violating the Racketeer Influenced and Corrupt Organizations Act (RICO).1 We affirm Herman's conviction but reverse and remand for a new trial in McCann's case...

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