UNITED STATES v. CERRITO

No. 79-1055.

612 F.2d 588 (1979)

UNITED STATES of America, Appellee, v. John A. CERRITO, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided December 19, 1979.


Attorney(s) appearing for the Case

John A. O'Neill, Jr., Providence, R. I., for defendant, appellant.

Everett C. Sammartino, Asst. U. S. Atty., Providence, R. I., with whom Paul F. Murray, U.S. Atty., Providence, R. I., was on brief, for appellee.

Before KUNZIG, Judge, U. S. Court of Claims, CAMPBELL and BOWNES, Circuit Judges.


KUNZIG, Judge.

Defendant appeals from denials of his motion for acquittal or, alternatively, for a new trial. Defendant challenges his conviction on three grounds: First, that the evidence failed to conform to the indictment; second, that certain jury instructions were improper and materially altered the indictment; finally, that the Government's delay in bringing defendant to trial violated his fifth amendment due process rights. For the reasons stated below, we...

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