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UNITED STATES v. FELICE

No. 79-5008.

609 F.2d 276 (1979)

UNITED STATES of America, Plaintiff-Appellee, v. John J. FELICE, Jr., Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided November 14, 1979.

Rehearing and Rehearing Denied January 18, 1980.

Attorney(s) appearing for the Case

Gerald A. Messerman, Gold, Rotatori, Messerman & Schwartz, Cleveland, Ohio, for defendant-appellant.

James R. Williams, U. S. Atty., Cleveland, Ohio, Jody Mateer. Litchford, T. George Gilinsky, Washington, D. C., for plaintiff-appellee.

Before EDWARDS, Chief Judge, KEITH, Circuit Judge, and PHILLIPS, Senior Circuit Judge.

Rehearing and Rehearing En Banc Denied January 18, 1980.

PER CURIAM.

Defendant-appellant Felice was indicted on 12 counts of racketeering and embezzling of union funds. Nine of the counts were dismissed by the District Judge on defendant's motions for acquittal, and the jury found appellant guilty on Count 12 only, involving embezzlement of $332.80 from the union's Health and Welfare Fund. This issue is the sole subject of the appeal.

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