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UNITED STATES v. DIANA

Nos. 78-5053, 78-5054.

605 F.2d 1307 (1979)

UNITED STATES of America, Appellee, v. Joseph DIANA, Billy Joe Robertson, Maurice Leon Jones, Robert Wade Jenkins, Thomas Stabile, Wayne Thomas Huey, John Pelligrino, Michael Elton Burnham, Ralph Frank Volino, Michael Ervin Catoe, Robert Melton, David Donnell White, Appellants, and Anthony Milia et al., Defendants. UNITED STATES of America, Appellee, v. David Donnell WHITE, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided August 29, 1979.

Attorney(s) appearing for the Case

Ronald P. Fischetti, New York City (Fischetti & Shargel, New York City, on brief), for appellants.

Thomas P. Simpson, Asst. U. S. Atty., Columbia, S. C. (Thomas E. Lydon, Jr., U. S. Atty., Columbia, S. C., on brief), for appellee.

Before FIELD, Senior Circuit Judge, and WIDENER and HALL, Circuit Judges.

WIDENER, Circuit Judge:

The appellants were convicted under 18 U.S.C. § 371 for conspiring to transport and distribute stolen automobile engines and parts. The indictment charged 25 defendants with one count of conspiracy and numerous substantive offenses. All the substantive counts were dismissed before the case went to the jury. With respect to the conspiracy count, the charges against 3 defendants were so dismissed. Of the remaining 22 defendants, the jury...

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