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UNITED STATES v. SINITO

No. 82-3712.

723 F.2d 1250 (1984)

UNITED STATES of America, Plaintiff-Appellee, v. Thomas James SINITO, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided December 23, 1983.

Rehearing and Rehearing Denied Feburary 8, 1984.

Attorney(s) appearing for the Case

Bernard A. Berkman, Berkman, Gordon, Murray & Palda, J. Michael Murray (argued), Cleveland, Ohio, for defendant-appellant.

Mervyn Hamburg (argued), Washington, D.C., for plaintiff-appellee.

Before KEITH, KENNEDY and WELLFORD, Circuit Judges.

Rehearing and Rehearing En Banc Denied Feburary 8, 1984.

KEITH, Circuit Judge.

Pursuant to Abney v. United States,1 431 U.S. 651, 97 S.Ct. 2034, 52 L.Ed.2d 651 (1977), defendant Thomas Sinito appeals a pretrial order of the district court which denied his motion to dismiss counts one and two of a seventy-count indictment.2

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