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UNITED STATES v. ARDITO

Nos. 393, 394, Docket Nos. 85-1271, 85-1272.

782 F.2d 358 (1986)

UNITED STATES of America, Appellee, v. John Gregory ARDITO and Vincent Pollina, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided January 31, 1986.

Attorney(s) appearing for the Case

Arnold E. Wallach, New York City (Peter J. Peluso, New York City, on the brief), for appellant Ardito.

John R. Gulash, Jr., Bridgeport, Conn., for appellant Pollina.

William C. Bryson, Atty., Dept. of Justice, Washington, D.C. (Alan H. Nevas, U.S. Atty., New Haven, Conn., and John H. Durham, Sp. Atty., Dept. of Justice, New Haven, Conn., on the brief), for appellee.

Before FRIENDLY, TIMBERS and PRATT, Circuit Judges.

TIMBERS, Circuit Judge:

Appellants John Gregory Ardito and Vincent Pollina appeal from judgments of conviction entered July 11, 1985 in the District of Connecticut, T.F. Gilroy Daly, Chief Judge. Following a jury trial, appellants were convicted of conspiracy to obstruct justice, in violation of 18 U.S.C. §§ 371, 1503 (1982).

We find that the principal issue on appeal arises from appellants' assertion that the obstruction of justice statute...

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