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UNITED STATES v. FRUMENTO

No. 76-1251.

552 F.2d 534 (1977)

UNITED STATES of America, Appellee, v. Rocco FRUMENTO et al. In re Subpoena to Vito N. PISCIOTTA, Appellant.

United States Court of Appeals, Third Circuit.

Reargued November 4, 1976.

Decided March 7, 1977.

As Amended March 18, 1977.

Attorney(s) appearing for the Case

David W. Marston, U. S. Atty., Walter S. Batty, Jr., Asst. U. S. Atty., Chief, Appellate Division, Philadelphia, Pa., for appellee.

A. Charles Peruto, Burton A. Rose, Philadelphia, Pa., for appellant, Vito N. Pisciotta.

Before SEITZ, Chief Judge, and VAN DUSEN, ALDISERT, ADAMS, GIBBONS, ROSENN, HUNTER, WEIS and GARTH, Circuit Judges.

Argued March 23, 1976

Before SEITZ, Chief Judge, and ROSENN and GARTH, Circuit Judges.

Reargued Nov. 4, 1976

Before SEITZ, Chief Judge, and VAN DUSEN, ALDISERT, ADAMS, GIBBONS, ROSENN, HUNTER, WEIS and GARTH, Circuit Judges.

OPINION OF THE COURT

GARTH, Circuit Judge.

This appeal requires us to determine whether a defendant who has been tried and convicted but not yet sentenced, and whose post-trial motions were still pending...

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