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U.S. v. PROCOPIO

Nos. 95-1549 to 95-1551.

88 F.3d 21 (1996)

UNITED STATES of America, Appellee, v. Francis J. PROCOPIO, Defendant, Appellant. UNITED STATES of America, Appellee, v. Vincent A. LATTANZIO, Defendant, Appellant. UNITED STATES of America, Appellee, v. Bernard KILEY, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided July 9, 1996.

Attorney(s) appearing for the Case

Richard J. Shea, by Appointment of the Court, Boston, MA, for appellant Francis J. Procopio.

Kevin G. Murphy, by Appointment of the Court, with whom Dusel, Murphy, Fennell, Liquori & Powers, Springfield, MA, was on brief, for appellant Vincent A. Lattanzio.

Stewart T. Graham, Jr., by Appointment of the Court, with whom Graham & Graham, Springfield, MA, was on brief, for appellant Bernard Kiley.

C. Jeffrey Kinder, Assistant United States Attorney, Springfield, MA, with whom Donald K. Stern, United States Attorney, Boston, MA, was on brief, for the United States.

Before SELYA, CYR and BOUDIN, Circuit Judges.

BOUDIN, Circuit Judge.

On April 9, 1991, three armed, masked men stole $1.2 million in cash about to be loaded into an armored car belonging to Berkshire Armored Car Services, Inc. ("Berkshire"). The crime occurred in Pittsfield, Massachusetts. On June 10, 1993, the government indicted Bernard J. Kiley, Vincent A. Lattanzio, Donald J. Abbott, Francis J. Procopio and Charles R. Gattuso. The government believed that the first three men had committed the robbery and...

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