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UNITED STATES v. VALENCIA

No. 367, Docket 81-1317.

677 F.2d 191 (1982)

UNITED STATES of America, Appellee, v. William VALENCIA, Appellant.

United States Court of Appeals, Second Circuit.

Decided February 22, 1982.

Opinion April 22, 1982.

Rehearing Denied May 13, 1982.

Attorney(s) appearing for the Case

David Seth Michaels, New York City (The Legal Aid Society, New York City, on the brief), for appellant.

Thomas G. Roth, Asst. U. S. Atty., New York City (Edward R. Korman, New York City, on the brief), for appellee.

Before OAKES and VAN GRAAFEILAND, Circuit Judges, and TENNEY, District Judge.

VAN GRAAFEILAND, Circuit Judge:

On appellant's original appeal, United States v. Valencia, 645 F.2d 1158 (2d Cir. 1980), this Court remanded to the district court for a determination "whether there was sufficient evidence of direct communication between [appellant's wife and appellant] to permit the question of inducement of [appellant] to go to the jury." Id. at 1169. The district court held that there was not, and...

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