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UNITED STATES v. CAPUTO

No. 82-1791.

791 F.2d 37 (1986)

UNITED STATES of America v. CAPUTO, Fiore, a/k/a "Curly". Appeal of Fiore CAPUTO.

United States Court of Appeals, Third Circuit.

May 22, 1986.

Attorney(s) appearing for the Case

Edward S.G. Dennis, Jr., U.S. Atty., Walter S. Batty, Jr. and Glenn B. Bronson, Asst. U.S. Attys., Philadelphia, Pa., for appellee.

Betty A. Lawler, Bala Cynwyd, Pa., for appellant.

Before ALDISERT, Chief Judge, and HIGGINBOTHAM and SLOVITER, Circuit Judges.

OPINION ON PANEL REHEARING

OPINION OF THE COURT

PER CURIAM:

Appellant Fiore Caputo was convicted of conspiracy to distribute methamphetamine. On appeal, this Court reversed, holding that the district court erroneously admitted the out-of-court statements of nontestifying coconspirators, who had not been shown to be unavailable for cross-examination in court, as substantive evidence against the accused. United States v. Caputo,

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