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UNITED STATES v. HORWITZ

No. 644, Docket 79-1343.

622 F.2d 1101 (1980)

UNITED STATES of America, Appellant, v. Leonard HORWITZ, a/k/a "The Fox," Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided May 29, 1980.

Attorney(s) appearing for the Case

Scott G. Campbell, Asst. U. S. Atty., New York City (Robert B. Fiske, Jr., U. S. Atty. for the Southern District of New York, Nathaniel H. Akerman, Gregory L. Diskant, Asst. U. S. Attys., New York City, of counsel), for appellant.

Jonathan W. Lubell, New York City (Cohn, Gluckstern, Lurie, Ostrin, Lubell & Lubell, Mary K. O'Melveny, New York City, of counsel), for defendant-appellee.

Before SMITH and FEINBERG, Circuit Judges, and OWEN, District Judge.

FEINBERG, Circuit Judge:

After a jury trial before Judge Robert W. Sweet in the United States District Court for the Southern District of New York, Leonard Horwitz was convicted on nine counts of fraud in the sale of securities in violation of 15 U.S.C. §§ 77q(a) and 77x, one count of conspiracy to commit securities fraud in violation of 15 U.S.C. § 371, and one count of endeavoring to obstruct a grand jury investigation in violation of 18

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