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UNITED STATES v. PINTO

No. 80-2420.

646 F.2d 833 (1981)

UNITED STATES of America, v. PINTO, Biagio a/k/a Bob Pinto, Appellant.

United States Court of Appeals, Third Circuit.

Decided April 16, 1981.

Rehearing and Rehearing Denied May 8, 1981.

Rehearing and Rehearing Denied June 10, 1981.

Attorney(s) appearing for the Case

Jacob Kossman (argued), Philadelphia, Pa., for appellant.

Peter F. Vaira, U. S. Atty., Walter S. Batty, Jr., Asst. U. S. Atty., Chief, Appellate Section, Stanley Weinberg, Asst. U. S. Atty. (argued), Philadelphia, Pa., for appellee.

Before GIBBONS and VAN DUSEN, Circuit Judges, and ACKERMAN, District Judge.

Rehearing and Rehearing En Banc Denied May 8, 1981.

Rehearing and Rehearing In Banc Denied June 10, 1981.

OPINION OF THE COURT

VAN DUSEN, Senior Circuit Judge.

Defendant, Biagio Pinto, was charged in a three-count indictment with violating 18 U.S.C. § 2113(b), 18 U.S.C. § 1014, and 18 U.S.C. § 1343, respectively. The district court jury returned a verdict of guilty on Counts 1 and 2 and not guilty on Count 3.

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