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UNITED STATES v. STAYTON

No. 823, Docket 85-1341.

791 F.2d 17 (1986)

UNITED STATES of America, Appellee, v. John STAYTON, a/k/a "John Gallagher", Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided May 20, 1986.

Attorney(s) appearing for the Case

Harold J. Boreanaz, Buffalo, N.Y. (Boreanaz, Baker & Humann, of counsel), for defendant-appellant.

Matthew J. Murphy III, Asst. U.S. Atty. for the W.D. of N.Y., Buffalo, N.Y. (Salvatore R. Martoche, U.S. Atty. for the W.D. of N.Y., of counsel), for appellee.

Before OAKES, KEARSE, and PRATT, Circuit Judges.

GEORGE C. PRATT, Circuit Judge:

Appellant John Stayton was convicted on one count of unlawful importation of the Schedule-II controlled substance phenylacetone, a chemical used in the manufacture of methamphetamine. Voir dire of the jury took place twenty-three months before the jury was sworn and the court proceeded with opening statements and testimony. The United States District Court for the Western District of New York denied Stayton's motion, made on the eve...

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