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UNITED STATES v. WINTER

Nos. 79-1437, 79-1438, 79-1441, 79-1442, 79-1446 and 79-1476.

663 F.2d 1120 (1981)

UNITED STATES of America, Appellee, v. Howard T. WINTER, Defendant-Appellant. UNITED STATES of America, Appellee, v. Melvin GOLDENBERG, Defendant-Appellant. UNITED STATES of America, Appellee, v. Elliot Paul PRICE, Defendant-Appellant. UNITED STATES of America, Appellee, v. James DeMETRI, Defendant-Appellant. UNITED STATES of America, Appellee, v. Charles DeMETRI, Defendant-Appellant. UNITED STATES of America, Appellee, v. James MARTORANO, Defendant-Appellant.

United States Court of Appeals, First Circuit.

Decided October 30, 1981.

As Amended on Denial of Rehearing November 25, 1981.

Attorney(s) appearing for the Case

Albert F. Cullen, Jr., Boston, Mass., with whom Cullen & Wall, Boston, Mass., was on brief, for appellant in Case Number 79-1437.

Morris M. Goldings, Boston, Mass., with whom Hawkes & Goldings, Boston, Mass., was on brief, for appellant in Case Number 79-1438.

Jeffrey M. Smith, with whom Paul T. Smith, and Harvey R. Peters, Boston, Mass., were on brief, for appellant in Case Number 79-1441.

Jeanne Baker, Cambridge, Mass., with whom Barry M. Haight, Milton, Mass. and Joseph T. Travaline, Burlington, Mass., were on brief, for appellants in Case Numbers 79-1442 and 79-1446.

Richard M. Egbert, Boston, Mass., by appointment of the Court, with whom Marcus & Egbert, Boston, Mass. was on brief, for appellant in Case Number 79-1476.

Kathleen A. Felton, 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 ALDRICH, CAMPBELL and BOWNES, Circuit Judges.

BOWNES, Circuit Judge.

The case reaches us through two separate appeals: in the first, defendants Howard T. Winter, James Martorano, James DeMetri, Charles DeMetri, Elliot Paul Price, and Melvin Goldenberg appeal their convictions following a 46-day trial on grounds that will be outlined below; in the second, all six defendants appeal both the district court's denial of their motion for a new trial and its denial of an evidentiary hearing on that motion. Because of...

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