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UNITED STATES v. DeFILLIPO

Nos. 216, 217, Dockets 78-1217, 78-1218.

590 F.2d 1228 (1979)

UNITED STATES of America, Appellee, v. Patrick DeFILLIPO and James DeFillipo, Appellants.

United States Court of Appeals, Second Circuit.

Decided January 8, 1979.

Attorney(s) appearing for the Case

Lawrence Stern, Brooklyn, N. Y., for appellant James DeFillipo.

Donald E. Nawi, New York City, for appellant Patrick DeFillipo.

Paul F. Corcoran, Asst. U. S. Atty., Brooklyn, N. Y. (Edward R. Korman, U. S. Atty. for the Eastern District of New York, Harvey M. Stone, Asst. U. S. Atty., Brooklyn, N. Y., of counsel), for appellee.

Before LUMBARD, MANSFIELD and OAKES, Circuit Judges.

OAKES, Circuit Judge:

Appellants were prosecuted on two counts for receiving and possessing goods stolen in interstate commerce, in violation of 18 U.S.C. § 659, and for conspiring with each other and with three codefendants to receive stolen goods, in violation of 18 U.S.C. § 371. The DeFillipos, who are brothers, were each convicted on both counts after a jury trial in the United States District Court for the Eastern District of New York, Jacob Mishler...

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