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UNITED STATES v. MARTORANO

No. 78-1445.

610 F.2d 36 (1979)

UNITED STATES of America, Appellee, v. James MARTORANO, Defendant-Appellant.

United States Court of Appeals, First Circuit.

Decided December 6, 1979.

Rehearing Granted and Opinion Vacated January 10, 1980.

Attorney(s) appearing for the Case

Richard J. Vita, Boston, Mass., for defendant-appellant.

Wade Livingston, Atty., Dept. of Justice, Washington, D. C., with whom Edward F. Harrington, U. S. Atty., Boston, Mass., and Joseph S. Davies, Atty., Dept. of Justice, Washington, D. C., were on brief, for appellee.

Before COFFIN, Chief Judge, BOWNES, Circuit Judge, PETTINE, District Judge.

Rehearing En Banc Granted and Opinion Vacated January 10, 1980.

BOWNES, Circuit Judge.

In this appeal from the denial of his motion for a new trial, appellant seeks reversal of his extortion conviction on grounds of ineffective assistance of counsel due to joint representation.

Appellant and Brian Halloran were tried together on four counts of extortion in June 1976. The jury acquitted Halloran, but found appellant guilty on all counts. We affirmed...

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