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UNITED STATES v. FOLEY

Nos. 494, 495, Dockets 83-1255, 83-1256.

735 F.2d 45 (1984)

UNITED STATES of America, Plaintiff-Appellee, v. Edward Joseph FOLEY and John Joseph Edler, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided May 23, 1984.

As Amended July 3, 1984.

Attorney(s) appearing for the Case

Henriette D. Hoffman, Legal Aid Society, Federal Defender Services Unit, New York City, for defendant-appellant Edler.

Carmine J. Perrotta, New York City, for defendant-appellant Foley.

Barry A. Bohrer, Asst. U.S. Atty., S.D.N.Y., New York City (Rudolph W. Giuliani, U.S. Atty., S.D.N.Y., Peter B. Sobol, Asst. U.S. Atty., New York City, of counsel), for plaintiff-appellee.

Before LUMBARD, WINTER and PRATT, Circuit Judges.

GEORGE C. PRATT, Circuit Judge:

Defendants appeal their convictions for smuggling, 18 U.S.C. § 545, removing goods from customs' custody, 18 U.S.C. § 549, receipt of stolen goods, 18 U.S.C. § 2315, and conspiracy, 18 U.S.C. § 371. None of defendants' contentions on appeal warrants reversal; we write this opinion solely to express this panel's disapproval of the pre-arraignment interview practice engaged in by the United States Attorney's office...

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