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UNITED STATES v. MOORE

No. 38.

101 F.2d 56 (1939)

UNITED STATES v. MOORE.

Circuit Court of Appeals, Second Circuit.

January 16, 1939.

Attorney(s) appearing for the Case

Maxwell Shapiro, of New York City, (Louis Kunen, of New York City, of counsel; Maxwell Shapiro and Leonard Franklin, both of New York City, on the brief), for appellant.

Lamar Hardy, U. S. Atty., of New York City (William Power Maloney and W. Mahlon Dickerson, both of New York City, Asst. U. S. Attys., of counsel), for the United States.

Before MANTON, L. HAND, and CHASE, Circuit Judges.

CHASE, Circuit Judge.

The appellant was sentenced on July 9, 1935, in the District Court for the Southern District of New York to serve concurrently a sentence of imprisonment of two years on each of three counts of an indictment. Execution of sentence was then suspended and the appellant was placed on probation for the period of two years from the above date. On February 24, 1938, which was after the probation period had expired, but was within the maximum period...

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