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UNITED STATES v. MATASSINI

No. 76-3631.

565 F.2d 1297 (1978)

UNITED STATES of America, Plaintiff-Appellant, v. Pasquale MATASSINI, a/k/a Pat Matassini, and Robert E. Rodriguez, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

January 10, 1978.

Attorney(s) appearing for the Case

John L. Briggs, U. S. Atty., Jacksonville, Fla., Eleanore J. Hill, Asst. U. S. Atty., Tampa, Fla., for plaintiff-appellant.

Harry Hobbs, Tampa, Fla., for Rodriguez.

Nicholas M. Matassini, Tampa, Fla., for Matassini.

Before GOLDBERG and MORGAN, Circuit Judges, and WYZANSKI, District Judge.

GOLDBERG, Circuit Judge:

On September 26, 1950 defendant-appellee Pasquale Matassini was convicted in the Criminal Court of Record of Hillsborough County, Florida of the offense of breaking and entering. He was sentenced to serve three years in the state prison. On June 22, 1955 the governor and cabinet of Florida pursuant to their authority under the state constitution granted Matassini "a full and complete pardon of the above offense, thereby restoring to him full...

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