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UNITED STATES v. RIVERA

No. 580, Docket 74-2115.

513 F.2d 519 (1975)

UNITED STATES of America, Appellee, v. Ismael RIVERA, a/k/a "Pequilino", Appellant.

United States Court of Appeals, Second Circuit.

Decided March 13, 1975.

Attorney(s) appearing for the Case

Stanley M. Meyer, Brooklyn, N. Y. (Preminger, Meyer & Light, Brooklyn, N. Y., of counsel), for appellant.

Eugene F. Bannigan, Asst. U. S. Atty. (Paul J. Curran, U. S. Atty., S.D.N.Y., and Rudolph W. Giuliani and John D. Gordan, III, Asst. U. S. Attys., of counsel), for appellee.

Before LUMBARD, FRIENDLY and GURFEIN, Circuit Judges.

FRIENDLY, Circuit Judge:

A three count indictment in the District Court for the Southern District of New York charged Ismael Rivera with the first degree murder of Special Agent Frank Tumillo of the Bureau of Narcotics and Dangerous Drugs (BNDD),1 with wounding another BNDD agent, Thomas Devine, while effecting or attempting to effect a robbery of money and property of the United States, citing...

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