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U.S. v. NERLINGER

Nos. 64, 267, Dockets 88-1081, 88-1094.

862 F.2d 967 (1988)

UNITED STATES of America, Appellee, v. Gary NERLINGER and Robert Varipapa, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided December 2, 1988.

Attorney(s) appearing for the Case

David T. Grudberg, New York City (Mark F. Pomerantz, Fischetti Pomerantz & Russo, New York City, of counsel), for defendant-appellant Gary Nerlinger.

Helen Coady, The Legal Aid Society, Federal Defender Services Unit, New York City, for defendant-appellant Robert Varipapa.

Robert L. Plotz, Asst. U.S. Atty. for S.D. New York, New York City (Rudolph W. Giuliani, U.S. Atty. for S.D. New York, Linda Imes, Asst. U.S. Atty. for S.D. New York, New York City, of counsel), for appellee.

Before PIERCE and WINTER, Circuit Judges, and STEWART, District Judge.

WINTER, Circuit Judge:

Appellants Gary Nerlinger and Robert Varipapa appeal from their convictions on one count each of conspiracy to commit mail fraud in violation of 18 U.S.C. § 371 (1982) and a total of sixteen counts, seven against Nerlinger and nine against Varipapa, of mail fraud in violation of 18 U.S.C. § 1341 (1982). Nerlinger and Varipapa each moved for severance pursuant to Fed.R.Crim.P. 14. The district court denied these motions, and each appellant...

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