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U.S. v. DURHAM

Nos. 983, 1104, Dockets 86-1394, 86-1395.

825 F.2d 716 (1987)

UNITED STATES of America, Appellee, v. Benjamin DURHAM and Warren Cook, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided August 5, 1987.

Attorney(s) appearing for the Case

Barry Bassis, Legal Aid Soc., Federal Defender Services Unit, New York City, for defendant-appellant Benjamin Durham.

Gerald M. Weiss, New York City, of counsel, for defendant-appellant Warren Cook.

Dave S. Hattem, Asst. U.S. Atty., Brooklyn, N.Y. (Andrew J. Maloney, U.S. Atty., E.D.N.Y., and Emily Berger, Asst. U.S. Atty., Brooklyn, N.Y., of counsel), for appellee.

Before OAKES, NEWMAN and PIERCE, Circuit Judges.

PIERCE, Circuit Judge:

Appellants, Benjamin Durham and Warren Cook, appeal from judgments of conviction entered in the United States District Court for the Eastern District of New York, Henry Bramwell, Judge, convicting them, after a jury trial, of conspiracy to maliciously damage by means of fire a building used in an activity affecting interstate commerce, in violation of 18 U.S.C. § 371. Because the district court failed to charge the jury on the defense...

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