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UNITED STATES v. HUGHEY

No. 323, Docket 77-1346.

571 F.2d 111 (1978)

UNITED STATES of America, Appellee, v. John David HUGHEY, III, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided February 15, 1978.

Attorney(s) appearing for the Case

Martin R. Stolar, New York City (Stolar, Alterman & Gulielmetti, New York City, on the brief), for defendant-appellant.

Jo Ann Harris, Asst. U. S. Atty., New York City (Robert B. Fiske, Jr., U. S. Atty., S. D. N. Y., and Robert J. Jossen, Asst. U. S. Atty., New York City, on the brief), for appellee.

Before FRIENDLY, HAYS and MANSFIELD, Circuit Judges.

HAYS, Circuit Judge:

Appellant, John David Hughey, III, served a sentence as a Young Adult Offender, a sentence imposed after his guilty plea to a charge of conspiracy arising out of a series of bombings in New York City in 1969. Patricia Swinton, charged in the same indictment, was apprehended in 1975, after Hughey's sentence had been served and his conviction had been set aside pursuant to 18 U.S.C. § 5021.

The Swinton trial before Judge Pollack of...

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