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U.S. v. BUCUVALAS

No. 89-1803.

909 F.2d 593 (1990)

UNITED STATES, Appellee, v. George BUCUVALAS, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided July 25, 1990.

Attorney(s) appearing for the Case

Terry Philip Segal, with whom Segal, Moran & Feinberg, Boston, Mass., was on brief for defendant, appellant.

Ralph D. Gants, Asst. U.S. Atty., with whom Wayne A. Budd, U.S. Atty., Boston, Mass., was on brief for appellee.

Before TORRUELLA and SELYA, Circuit Judges, and COFFIN, Senior Circuit Judge.

COFFIN, Senior Circuit Judge.

In this appeal, we have occasion to consider the effect of jury verdicts acquitting one alleged conspirator and convicting the sole other alleged conspirator on the same count in the same trial. Specifically, the convicted conspirator argues that the "rule of consistency" — a traditionally recognized exception to the general principle proclaimed in Dunn v. United States,

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