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UNITED STATES v. INDELICATO

Nos. 79-1068, 79-1069.

611 F.2d 376 (1979)

UNITED STATES of America, Appellee, v. Joseph INDELICATO, Defendant, Appellant. UNITED STATES of America, Appellee, v. Richard F. NUTILE, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided November 20, 1979.

Attorney(s) appearing for the Case

Gerald Alch, Boston, Mass., by appointment of the Court, for defendant, appellant Joseph Robert Indelicato.

Leonard M. Frisoli, Jr., Cambridge, Mass., by appointment of the Court, for defendant, appellant Richard F. Nutile.

Stanley E. Greenidge, Sp. Atty., Dept. of Justice, Washington, D. C., with whom Edward F. Harrington, U. S. Atty., and Jeremiah T. O'Sullivan, Sp. Atty., Dept. of Justice, Boston, Mass., were on brief, for appellee.

Before KUNZIG, Judge, U.S. Court of Claims, CAMPBELL and BOWNES, Circuit Judges.

BOWNES, Circuit Judge.

Defendants-appellants Richard Nutile and Joseph Indelicato were convicted by a jury on three counts of unlawfully and willfully possessing United States Treasury checks stolen from the mails, 18 U.S.C. § 1708,1 three counts of uttering and publishing as true the same United States Treasury checks with an intent to defraud the United States, 18 U.S.C. § 495,2 and of aiding and...

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