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U.S. v. MILLAN

Nos. 1637 to 1639, Dockets 93-1129, 93-1133 and 93-1134.

2 F.3d 17 (1993)

UNITED STATES of America, Appellee, v. Eric MILLAN, Defendant, Alfred V. Bottone, Sr., also known as Fat Al, also known as Valentino A. Bottone, Anthony Bottone, and Alfred Bottone, also known as Alfie, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided August 5, 1993.

Attorney(s) appearing for the Case

Maurice H. Sercarz, New York City (Gerald Labush, David Breitbart, of counsel), for defendants-appellants.

Dietrich L. Snell, Asst. U.S. Atty., S.D.N.Y., New York City (Roger S. Hayes, U.S. Atty., Paul G. Gardephe, Asst. U.S. Atty., of counsel), for appellee.

Before: NEWMAN, Chief Judge, VAN GRAAFEILAND, and ALTIMARI, Circuit Judges.

ALTIMARI, Circuit Judge:

Defendants-appellants Alfred V. Bottone, Sr., Anthony Bottone, and Alfred Bottone, Jr. ("the Bottones") appeal from an order entered in the United States District Court for the Southern District of New York (Shirley Wohl Kram, Judge), denying their motion to dismiss the government's indictment against them. The indictment, initially filed on August 14, 1991, charges the Bottones with, inter...

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