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U.S. v. NOVOD

No. 1179, Docket 90-1002.

927 F.2d 726 (1991)

UNITED STATES of America, Appellee, v. Frank J. Sacco, a/k/a "St. Francis Sacco," Frank Armento III, a/k/a "Robert Simone," and Lewis Novod, Defendants, Lewis NOVOD, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided March 11, 1991.

Attorney(s) appearing for the Case

Barbara Guss, Asst. U.S. Atty., New York City (Otto G. Obermaier, U.S. Atty., S.D.N.Y., David E. Brodsky, Asst. U.S. Atty., of counsel), for appellee.

Anthony J. Ferrara, New York City (Polstein & Ferrara, New York City, Robert Polstein, Joseph Bilotta, of counsel), for defendant-appellant.

Before LUMBARD, FEINBERG and WINTER, Circuit Judges.

LUMBARD, Circuit Judge:

Lewis Novod petitions this court for a rehearing following our decision filed on January 17, 1991. United States v. Novod, 923 F.2d 970 (2d Cir.1991). We reversed Novod's convictions for mail and wire fraud but affirmed his conspiracy and perjury convictions. We grant Novod's petition for a rehearing, and reverse the conspiracy conviction and affirm the perjury

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