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UNITED STATES v. FERGUSON

Nos. 458, 459, 569, 570, Dockets 84-1069, 84-1070, 84-1071, 84-1072.

758 F.2d 843 (1985)

UNITED STATES of America, Appellee, v. Cecil FERGUSON, a/k/a "Mo," a/k/a "Chui," Edward Lawrence Joseph, a/k/a "J.R.," a/k/a "Jamal," a/k/a "Tony," Silvia Baraldini, a/k/a "Louise," and Sekou Odings, a/k/a "Nathaniel Burns," a/k/a "Mugubasi," a/k/a "Eddie Holmes," Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided March 28, 1985.

Attorney(s) appearing for the Case

Lawrence A. Vogelman, New York City (Barry C. Scheck, Cardozo Criminal Law Clinic, New York City, of counsel), for defendant-appellant Edward Lawrence Joseph.

Jesse Berman, New York City, for defendant-appellant Cecil Ferguson.

Chokwe Lumumba, New York City (Lynne F. Stewart, New York City, of counsel), for defendant-appellant Sekou Odinga.

Susan V. Tipograph, New York City (Judith Holmes, New York City, of counsel), for defendant-appellant Silvia Baraldini.

Stacey J. Moritz, Asst. U.S. Atty., New York City (Rudolph W. Giuliani, U.S. Atty., for the Southern Dist. of N.Y., Barry A. Bohrer, Asst. U.S. Atty., New York City, of counsel), for appellee, United States of America.

Before TIMBERS, CARDAMONE and ROSENN, Circuit Judges.

CARDAMONE, Circuit Judge:

Sekou Odinga, Silvia Baraldini, Cecil Ferguson and Edward Joseph, who the evidence shows were involved in a series of armored truck robberies and two murders in the Bronx and Nanuet, New York in 1981 and in the prison escape of Black Liberation Army leader Joanne Chesimard, appeal from their convictions for their parts in those crimes. The principal claims of error the defendants raise are: (1) there was no probable cause for the issuance...

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