U.S. v. DiBERNARDO

No. 87-5387.

880 F.2d 1216 (1989)

UNITED STATES of America, Plaintiff-Appellant, v. Robert DiBERNARDO and Theodore Rothstein, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

August 21, 1989.


Attorney(s) appearing for the Case

Sara Criscitelli, U.S. Dept. of Justice, Washington, D.C., for plaintiff-appellant.

Ralph J. Schwarz, Jr., Herald P. Fahringer, New York City, for defendants-appellees.

Before JOHNSON and CLARK, Circuit Judges, and VINSON, District judge.


VINSON, District Judge: [T]X This is the fourth occasion that this Court has considered an appeal involving this case. Since Robert DiBernardo and Theodore Rothstein were tried, convicted, and sentenced in 1981, the case has expanded and grown like kudzu to encompass numerous collateral issues. The issue now before us is simply whether the trial court properly granted these two defendants a new trial. The government contends that the district court abused its discretion in...

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