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UNITED STATES v. MARIANI

No. 344, Docket 83-1221.

725 F.2d 862 (1984)

UNITED STATES of America, Appellant, v. Francis MARIANI, Defendant-Appellee, Louis Fargnoli, Francis Mariani, and Daniel Miller, Defendants.

United States Court of Appeals, Second Circuit.

Decided January 12, 1984.

Attorney(s) appearing for the Case

Gregory A. West, Sp. Atty., U.S. Dept. of Justice, Organized Crime and Racketeering Section, Syracuse, N.Y. (Frederick J. Scullin, Jr., U.S. Atty., N.D.N.Y., Syracuse, N.Y., of counsel), for appellant.

John E. DeFrancisco, Syracuse, N.Y., for defendant-appellee.

Before VAN GRAAFEILAND and MESKILL, Circuit Judges, and BONSAL, District Judge.

MESKILL, Circuit Judge:

The government appeals from a judgment of acquittal in favor of appellee Mariani entered in the United States District Court for the Northern District of New York pursuant to Fed.R.Crim.P. 29(c). Judge McCurn granted the Rule 29(c) motion and set aside the guilty verdict against appellee for conspiring to steal money of the United States in violation of 18 U.S.C. § 641 (1982). The government claimed that defendant planned to sell to Drug...

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