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UNITED STATES v. LOMBARDO

No. 9627.

174 F.2d 575 (1949)

UNITED STATES v. LOMBARDO.

United States Court of Appeals Seventh Circuit.

May 16, 1949.

Attorney(s) appearing for the Case

Otto Kerner, Jr., U. S. Atty., Jack Arnold Welfeld, Asst. U. S. Atty., Chicago, Ill., for appellant.

William Scott Stewart, Chicago, Ill., Robert M. Gibboney, Rockford, Ill., for appellee.

Before MINTON and DUFFY, Circuit Judges, and LINDLEY, District Judge.

DUFFY, Circuit Judge.

This is an appeal from an order of the district court suspending a fifteen year sentence theretofore imposed on the defendant by that court and placing him upon probation for five years. Such an order is appealable. Berman v. United States, 302 U.S. 211, 58 S.Ct. 164, 82 L.Ed. 204; Korematsu v. United States, 319 U.S. 432, 63 S.Ct. 1124, 87 L.Ed. 1497.

In July, 1936, defendant...

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