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UNITED STATES v. FIUMARA

No. 79-1937.

605 F.2d 116 (1979)

UNITED STATES of America v. Tino FIUMARA, Michael Copolla, Jerry Copolla and Larry Ricci. Appeal of Tino FIUMARA.

United States Court of Appeals, Third Circuit.

Decided September 5, 1979.

Attorney(s) appearing for the Case

Matthew P. Boylan, Theodore V. Wells, Jr., Lowenstein, Sandler, Brochin, Kohl, Fisher & Boylan, A Professional Corporation, Newark, N. J., Dennis D. S. McAlevy, Hoboken, N. J., for appellant.

Robert J. Del Tufo, U. S. Atty., Newark, N. J., for appellee; Maryanne T. Desmond, Chief, Appeals Div., Mark J. Malone, Asst. U. S. Attys., Newark, N. J., on brief.

Before ALDISERT and WEIS, Circuit Judges.

OPINION OF THE COURT

WEIS, Circuit Judge.

The defendant in this criminal proceeding has asked that we enter a stay or enjoin his sentencing proceedings in the district court pending appeal or consideration of a petition for mandamus. He contends that the district court's refusal to exclude the public and press from his sentencing hearing will result in publicity jeopardizing his right to a fair trial in a case pending...

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