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U.S. v. OFCHINICK

Nos. 88-3385, 88-3389, 88-3393, 88-3394 and 88-3395.

883 F.2d 1172 (1989)

The UNITED STATES v. Daniel R. OFCHINICK, Sr., Daniel R. Ofchinick, Jr., a/k/a Dan Scanlon, Norsub, Inc., Somerset Mack Sales and Service, Inc., Thomas S. Stromoski, Thomas J. Nolfi, Lewis P. Richardson, a/k/a Pat Richardson, Robert C. DeLucia, a/k/a Robert C. Deluce. Appeal of Robert C. DeLUCIA, Appellant in No. 88-3385. Appeal of Daniel R. OFCHINICK, Sr., Appellant in No. 88-3389. Appeal of Thomas S. STROMOSKI, Appellant in No. 88-3393. Appeal of Lewis P. RICHARDSON, etc., Appellant in No. 88-3394. Appeal of SOMERSET MACK SALES AND SERVICE, INC., Appellant in No. 88-3395.

United States Court of Appeals, Third Circuit.

Decided August 24, 1989.

Rehearing and Rehearing Denied September 26, 1989.

Attorney(s) appearing for the Case

George E. Schumacher, Federal Public Defender, Joel B. Johnston, Asst. Public Defender (argued), Pittsburgh, Pa., for Robert C. DeLucia, appellant in No. 88-3385.

Walter A. Koegler, and Harry R. Ruprecht (argued), King, Ruprecht & McQuoid, Pittsburgh, Pa., for Daniel R. Ofchinick, Sr., appellant in No. 88-3389.

Michael R. Kelly, Pittsburgh, Pa., for Thomas S. Stromoski, appellant in No. 88-3393.

Stanley W. Greenfield, Paul G. Kay, Greenfield & Associates, Pittsburgh, Pa., for Lewis P. Richardson, a/k/a Pat Richardson, appellant in No. 88-3394, and Somerset Mack Sales and Service, Inc., appellant in No. 88-3395.

J. Alan Johnson, U.S. Atty., Bonnie R. Schlueter, Asst. U.S. Atty. (argued), Pittsburgh, Pa., for appellee.

Before SLOVITER and BECKER, Circuit Judges, and POLLAK, District Judge.

Rehearing and Rehearing In Banc Denied in Nos. 88-3385 and 88-3389 September 26, 1989.

OPINION OF THE COURT

BECKER, Circuit Judge.

This is an appeal from judgment of conviction against six individual and two corporate defendants on counts of mail fraud, interstate transportation of fraudulently obtained securities, conspiracy, and racketeering. We find that the attacks on the convictions themselves and on the restitution portion of the sentence are...

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