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U.S. v. SMITH

Nos. 1387, 1388, Dockets 90-1090, 90-1091.

918 F.2d 1032 (1990)

UNITED STATES of America, Appellee, v. Herbert Alwyn SMITH, and Joseph Shea Peeples, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided October 31, 1990.

Attorney(s) appearing for the Case

Michael H. Sporn, New York City, for defendant-appellant Smith.

Martin G. Fogelson, New York City, for defendant-appellant Peeples.

James B. Comey, Asst. U.S. Atty., New York City (Otto G. Obermaier, U.S. Atty., S.D. New York, Joan McPhee, Asst. U.S. Atty., of counsel), for appellee.

Before KEARSE, WINTER and WALKER, Circuit Judges.

WALKER, Circuit Judge:

Appellants Herbert Smith and Joseph Peeples appeal from their January 30, 1990 convictions on one count of conspiracy to violate the Arms Export Control Act 22 U.S.C. § 2751 et seq. and to commit wire fraud, and thirteen counts of wire fraud after an eight day jury trial presided over by Judge Keenan. They appeal on several grounds: 1) that the indictment used to originally charge them, which became defective under McNally v....

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