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UNITED STATES v. MONTELBANO

No. 703, Docket 77-1382.

605 F.2d 56 (1979)

UNITED STATES of America, Appellee, v. Frederick J. MONTELBANO, Appellant.

United States Court of Appeals, Second Circuit.

Decided April 9, 1979.

Attorney(s) appearing for the Case

Jonathan J. Silbermann, New York City (Martin Erdmann, Federal Defender Services Unit, The Legal Aid Society, New York City, on the brief), for appellant.

John S. Siffert, Asst. U. S. Atty., New York City (Robert B. Fiske, Jr., U. S. Atty., and Richard Weinberg, Asst. U. S. Atty., New York City, on the brief), for appellee.

Before LUMBARD, FEINBERG and TIMBERS, Circuit Judges.

TIMBERS, Circuit Judge:

On this appeal from a judgment entered after a four day jury trial in the Southern District of New York, Thomas P. Griesa, District Judge, convicting appellant of violating certain provisions of federal law stemming from his participation in the hijacking of a truckload of seafood,1 the principal issue is whether the district court erred in declining to give a requested cautionary instruction concerning the...

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