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U.S. v. SCARFO

No. 87-1490.

850 F.2d 1015 (1988)

UNITED STATES of America v. Nicodemo SCARFO a/k/a "The Little Guy," Appellant.

United States Court of Appeals, Third Circuit.

Decided June 29, 1988.

Rehearing and Rehearing Decided July 25, 1988.

Attorney(s) appearing for the Case

Robert F. Simone (argued), Harry Lore, Philadelphia, Pa., for appellant Nicodemo Scarfo.

Thomas H. Lee, II (argued), First Asst. U.S. Atty., Edward S.G. Dennis, Jr., U.S. Atty., William B. Carr, Jr., Asst. U.S. Atty., Acting Chief of Appeals, Thomas J. Eicher, Asst. U.S. Atty., Philadelphia, Pa., for appellee U.S.

Before WEIS, GREENBERG and ALDISERT, Circuit Judges.

Rehearing and Rehearing In Banc Decided July 25, 1988.

OPINION OF THE COURT

WEIS, Circuit Judge.*

Because the prosecution's evidence describing the defendant's organized crime group might have caused anxiety among the jurors, the trial judge withheld their identities before and after voir dire in this extortion case. In these circumstances, we find no abuse of discretion either in adopting that procedure or in explaining...

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