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UNITED STATES v. BRASCO

No. 73 Cr. 985 (JMC).

385 F.Supp. 966 (1974)

UNITED STATES of America v. Frank J. BRASCO, Defendant.

United States District Court, S. D. New York.

November 22, 1974.

Attorney(s) appearing for the Case

Paul J. Curran, U. S. Atty., S.D.N.Y. (Edward M. Shaw and Barbara Jones Ambler, Sp. Attys., Dept. of Justice, of counsel), for the Government.

Lyon & Erlbaum, Kew Gardens, N. Y. (Herbert A. Lyon and Charles Wender, Kew Gardens, N. Y., of counsel), for defendant.

MEMORANDUM OPINION

CANNELLA, District Judge:

After a trial of some four weeks in duration, a jury found Frank J. Brasco, a United States Congressman, guilty of conspiracy, 18 U.S.C. § 371, to violate three substantive federal statutes (18 U.S.C. §§ 201, 203 and 1341). On October 10, 1974, in advance of imposition of sentence, Brasco moved for a new trial pursuant to Rule 33 of the Federal Rules of Criminal Procedure. In so moving, he asserted...

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