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UNITED STATES v. DESIST

No. 313, Docket 30849.

384 F.2d 889 (1967)

UNITED STATES of America, Appellee, v. Samuel DESIST, Frank Dioguardi, Jean Claude LeFranc, Jean Nebbia and Anthony Sutera, Appellants.

United States Court of Appeals Second Circuit.

Remanded for Further Limited Hearing May 29, 1967.

Decided October 13, 1967.

Attorney(s) appearing for the Case

Irving Younger, New York City, for appellant Desist.

Fred A. Jones, Jr., Miami, Fla., for appellants Dioguardi, Sutera, LeFranc and Nebbia.

David M. Markowitz, New York City, for appellant LeFranc.

Arnold C. Stream, New York City, for appellant Nebbia.

Abraham Glasser, New York City, of counsel for appellants Dioguardi, Sutera, LeFranc and Nebbia.

Otto G. Obermaier, Asst. U. S. Atty. (Robert M. Morgenthau, U. S. Atty., for the Southern District of New York, Michael W. Mitchell, William M. Tendy, John R. Bartels, Jr., John R. Wing, Asst. U. S. Attys., on the brief), for appellee.

Before MEDINA, ANDERSON and FEINBERG, Circuit Judges.

FEINBERG, Circuit Judge:

The five appellants were convicted under a one-count indictment charging them with a conspiracy to import narcotic drugs into the United States from France. 21 U.S.C. §§ 173, 174. The case involved what is alleged to be the largest single seizure of pure heroin in the United States, valued at sums as high as $100,000,000, and totalling some 209 pounds. The trial, lasting four weeks, was...

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