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UNITED STATES v. FISCHETTI

Crim. No. 78-261.

475 F.Supp. 1145 (1979)

UNITED STATES of America v. Robert FISCHETTI, Louis Pascalli, William David, and Frank La Guardia, Defendants.

United States District Court, D. New Jersey.

September 10, 1979.

Attorney(s) appearing for the Case

Robert J. Del Tufo, U.S. Atty., by V. Grady O'Malley, Sp. Atty. of the Dept. of Justice, Newark, for the U.S.

Michael A. Querques, Orange, N.J., for defendant Fischetti.

Dennis D. M. McAlevy, Jersey City, N.J., for defendant Pascalli.

Samuel R. De Luca, Jersey City, N.J., for defendant David.

Arthur J. Abrams, Jersey City, N.J., for defendant La Guardia.

MEMORANDUM

BIUNNO, District Judge.

Despite the elaborate colloquy at the hearing of September 6, 1979, the court was left with the impression that neither the United States nor defense counsel fully understands the legal aspects and implications of the subject discussed. This memorandum is designed to assure that these matters are fully understood.

The applicable history begins with Santobello v. New York, 404 U.S. 257

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