UNITED STATES v. TORQUATO

No. 78-2577.

602 F.2d 564 (1979)

UNITED STATES of America v. John R. TORQUATO, Appellant.

United States Court of Appeals, Third Circuit.

Decided July 5, 1979.


Attorney(s) appearing for the Case

Robert J. Cindrich, U. S. Atty., Alexander H. Lindsay, Jr. (argued), Asst. U. S. Atty., Pittsburgh, Pa., for appellee.

Thomas A. Livingston (argued), Dennis J. Clark, Livingston, Miller, O'Malley & Clark, Pittsburgh, Pa., for appellant.

Before WEIS and GARTH, Circuit Judges, and GERRY, District Judge.


OPINION OF THE COURT

GARTH, Circuit Judge.

John R. Torquato appeals from the judgment of sentence entered upon his conviction for conspiring with others to violate the Hobbs Act, 18 U.S.C. § 1951, and for substantive violations of that Act. He raises a number of legal issues on appeal, only one of which we think merits discussion. This one issue is whether Torquato made a sufficient threshold showing of selective prosecution to entitle him to an evidentiary...

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