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UNITED STATES v. DelVECCHIO

Nos. 757, 758 and 759, Dockets 85-1395, 85-1396 and 85-1400.

800 F.2d 21 (1986)

UNITED STATES of America, Appellee, v. Joseph DelVECCHIO, Guy A. DiGirolamo, and Oreste Abbamonte, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided August 22, 1986.

Attorney(s) appearing for the Case

John L. Pollok, New York City (Joseph & Stalonas, of counsel), for defendant-appellant Abbamonte.

Christine Yaris, New York City (Gerald L. Shargel, of counsel), for defendant-appellant DelVecchio.

John Nicholas Iannuzzi, New York City (Iannuzzi, Russo & Iannuzzi, of counsel), for defendant-appellant DiGirolamo.

William A. Keefer, Sp. Atty., New Haven, Conn. (Stanley A. Twardy, Jr., U.S. Atty., D. Conn., Sidney M. Glazer, Atty., Dept. of Justice, Washington, D.C., and John H. Durham, Sp. Atty., New Haven, Conn., of counsel), for appellee.

Before NEWMAN, KEARSE and PRATT, Circuit Judges.

GEORGE C. PRATT, Circuit Judge:

Appellants Oreste Abbamonte, Joseph DelVecchio, and Guy DiGirolamo protest that count one of an indictment returned in the District of Connecticut alleging that they conspired to distribute and to possess with intent to distribute heroin has infringed their right to be free of double jeopardy because it charges a discrete part of a larger, multiple-controlled-substance, narcotics conspiracy for which they have already been convicted...

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