UNITED STATES v. DEL VECCHIO

No. 82-3056 Non-Argument Calendar.

707 F.2d 1214 (1983)

UNITED STATES of America, Plaintiff-Appellee, v. Gregory Edward DEL VECCHIO, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

June 20, 1983.


Attorney(s) appearing for the Case

Howard W. Skinner, Asst. Federal Public Defender, Jacksonville, Fla., for defendant-appellant.

Elizabeth Hoyt, Asst. U.S. Atty., Jacksonville, Fla., Sidney M. Glazer, Janis Kockritz, U.S. Dept. of Justice, Washington, D.C., for plaintiff-appellee.

Before RONEY, VANCE and ANDERSON, Circuit Judges.


PER CURIAM:

A jury convicted Gregory Del Vecchio of embezzling an interstate shipment of goods valued in excess of $100 with intent to convert the goods to his own use in violation of 18 U.S.C.A. § 659. He asks this Court to reverse his conviction on the ground that the trial court's dismissal of the original indictment without his consent after the jury was selected violated Fed.R. Crim.P. 48(a): "Such a dismissal may not be filed during the trial without the...

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