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UNITED STATES v. HEIMANN

No. 512, Docket 82-1272.

705 F.2d 662 (1983)

UNITED STATES of America, Plaintiff-Appellant, v. Louis HEIMANN, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided April 14, 1983.

Attorney(s) appearing for the Case

Warren Neil Eggleston, Asst. U.S. Atty., S.D.N.Y., New York City (John S. Martin, Jr., U.S. Atty., S.D.N.Y., Walter P. Laughlin, Asst. U.S. Atty., New York City, on the brief), for plaintiff-appellant.

Alan R. Kaufman, New York City (Buchwald & Kaufman, New York City, of counsel), for defendant-appellee.

Before VAN GRAAFEILAND, MESKILL and PRATT, Circuit Judges.

GEORGE C. PRATT, Circuit Judge:

The United States appeals from an order of the United States District Court for the Southern District of New York, Robert W. Sweet, Judge, granting defendant Louis Heimann's motion under Fed.R.Cr.P. 29(c) to set aside the jury's verdicts and to enter a judgment of acquittal on each of the nine counts on which defendant was found guilty. The motion was made on the ground that there had been a prejudicial variance between the charges...

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