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UNITED STATES v. CAPONE

Nos. 81-1507, 81-1775.

683 F.2d 582 (1982)

UNITED STATES of America, Appellee, v. Joseph CAPONE, Defendant, Appellant. UNITED STATES of America, Appellee, v. Richard MURNANE, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided July 22, 1982.

Attorney(s) appearing for the Case

Christopher Cabot, Boston, Mass., by appointment of the Court, with whom Herrick & Smith, Boston, Mass., was on brief, for appellant Joseph Capone.

Mitchell Benjoya, Boston, Mass., by appointment of the Court, with whom Denner & Benjoya, Boston, Mass., was on brief, for appellant Richard Murnane.

Paul F. Healy, Jr., Asst. U. S. Atty., Boston, Mass., with whom William F. Weld, U. S. Atty., Boston, Mass., was on brief, for appellee.

Before COFFIN, Chief Judge, BOWNES and BREYER, Circuit Judges.

BREYER, Circuit Judge.

The appellants, Joseph Capone and Richard Murnane, were convicted by a jury of robbing the mail, assault, and conspiracy to do both. 18 U.S.C. §§ 371, 2 & 2114. Murnane was also convicted of possessing an unregistered sawed-off shot gun. 18 U.S.C. § 2; 26 U.S.C. § 5861(d). The appellants make several arguments attacking their convictions. We conclude that these arguments do not warrant reversals.

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