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UNITED STATES v. DUNN

No. 517, Docket 85-1317.

779 F.2d 157 (1985)

UNITED STATES of America, Appellant, v. Charles DUNN, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided December 16, 1985.

Attorney(s) appearing for the Case

Patrick Brown, Buffalo, N.Y. (Joel L. Daniels, of counsel), for defendant-appellee.

Stephen J. Baczynski, Buffalo, N.Y., Asst. U.S. Atty., W.D.N.Y. (Salvatore R. Martoche, U.S. Atty., W.D.N.Y., of counsel), for appellant.

Before FEINBERG, Chief Judge, MANSFIELD and OAKES, Circuit Judges.

FEINBERG, Chief Judge:

Exercising the right recently created by 18 U.S.C. § 3731, the government appeals from an order of Judge John T. Elfvin of the United States District Court for the Western District of New York, which granted defendant Charles Dunn's motion under Fed.Crim.R. 33 for a new trial. Judge Elfvin ordered a new trial because he found that he had improperly instructed the jury on the inducement element...

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