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UNITED STATES v. WARME

Nos. 211, 212, Dockets 76-1576, 76-1577.

572 F.2d 57 (1978)

UNITED STATES of America, Appellee, v. Richard G. WARME, a/k/a "Richard Warner," and James F. Heimerle, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided March 6, 1978.

Certiorari Denied May 1, 1978.

Attorney(s) appearing for the Case

Alan R. Naftalis, Asst. U.S. Atty., New York City (Robert B. Fiske, Jr., U.S. Atty. for the Southern District of New York, and Frederick T. Davis, Asst. U.S. Atty., New York City, on the brief), for appellee.

L. Jeffrey Weingard, New York City, for defendant-appellant Richard G. Warme.

Eleanor Jackson Piel, New York City, for defendant-appellant James F. Heimerle.

Before LUMBARD, WATERMAN and VAN GRAAFEILAND, Circuit Judges.

LUMBARD, Circuit Judge:

James Heimerle and Richard Warme appeal from their convictions in the Southern District, following trial before Judge Pollack and a jury, for conspiracy to possess, sell, pass, and deliver counterfeit United States federal reserve notes in violation of 18 U.S.C. § 473. On appeal Warme claims that the trial court erred in proceeding for a brief time in his absence, and Heimerle protests the severity...

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