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UNITED STATES v. SMITH

Nos. 96, 97 and 138, Dockets 85-1081, 85-1088 and 85-1099.

778 F.2d 925 (1985)

UNITED STATES of America, Appellee, v. Ann SMITH, Lisa Shay, a/k/a "Lisa Smith", Robert Smith, and Donna Smith, Defendants, Ann Smith, Lisa Shay, a/k/a "Lisa Smith" and Robert Smith, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided December 3, 1985.

As Amended February 26, 1986.

Attorney(s) appearing for the Case

Donald N. Silverman, White Plains, N.Y. (Silverman & Sapir, of counsel), for appellant Lisa Shay.

Theodore Krieger, Westport, Conn., for appellant Ann Smith.

Barry B. Silver, Newburgh, N.Y. (Silver, Forrester & Schisano, of counsel), for appellant Robert Smith.

Warren N. Eggleston, Asst. U.S. Atty., New York City (Rudolph Giuliani, U.S. Atty., S.D.N.Y., John F. Savarese, Asst. U.S. Atty., New York City, of counsel), for appellee.

Before FRIENDLY, PIERCE and PRATT, Circuit Judges.

GEORGE C. PRATT, Circuit Judge.

Robert Smith, his sister, Ann Smith, and her daughter, Lisa Shay, appeal from judgments of conviction entered on jury verdicts in the United States District Court for the Southern District of New York, Lee P. Gagliardi, Judge. The appeal of the fourth defendant, Donna Smith, Robert's wife, was dismissed by order of this court dated July 1, 1985. All four defendants were convicted under 18 U.S.C. § 371 of conspiracy to violate...

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