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UNITED STATES v. GIOVENGO

No. 80-1793.

637 F.2d 941 (1980)

UNITED STATES of America v. Vince GIOVENGO, Samuel Paladino. Appeal of Samuel PALADINO.

United States Court of Appeals, Third Circuit.

Decided December 31, 1980.

Rehearing and Rehearing Denied January 26, 1981.

Attorney(s) appearing for the Case

Harold Gondelman (argued), Gondelman, Baxter, Mansmann & McVerry, Pittsburgh, Pa., for appellant.

Robert Cindrich, U. S. Atty., W. D. Pa., Pittsburgh, Pa., William C. Bryson, Janis H. Kockritz (argued), Attys., Dept. of Justice, Washington, D. C., for appellee.

Before ADAMS and SLOVITER, Circuit Judges, and BROTMAN, District Judge.

Rehearing and Rehearing In Banc Denied January 26, 1981.

OPINION OF THE COURT

ADAMS, Circuit Judge.

In this case, Samuel Paladino appeals from convictions for transgressing the federal wire fraud statute, 18 U.S.C. § 1343 (1976), and for conspiring to commit wire fraud in violation of 18 U.S.C. § 371 (1976).

The facts, as they appear from the evidence viewed in the light most favorable to the government,1

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