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UNITED STATES v. ILACQUA

No. 76-2611.

562 F.2d 399 (1977)

UNITED STATES of America, Plaintiff-Appellant, v. Joseph C. ILACQUA, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided September 26, 1977.

Rehearing and Rehearing Denied November 30, 1977.

Attorney(s) appearing for the Case

Frederick M. Coleman, U. S. Atty., Cleveland, Ohio, Edwin J. Gale, Dept. of Justice, Providence, R. I., William C. Brown, Appellate Section, Crim. Div., Dept. of Justice, Washington, D. C., for plaintiff-appellant.

Paul Mancino, Jr. (Court appointed—CJA), Cleveland, Ohio, for defendant-appellee.

Before PHILLIPS, Chief Judge, and WEICK and ENGEL, Circuit Judges.

Rehearing and Rehearing En Banc Denied November 30, 1977.

ENGEL, Circuit Judge.

Defendant Joseph Ilacqua was convicted in a jury trial of possession of 1,097 cases of liquor stolen from an interstate shipment, in violation of 18 U.S.C. § 659 (1970) and of conspiracy to commit that act, 18 U.S.C. § 371 (1970).1

Before trial, the government timely filed a notice that if Ilacqua were convicted on the above charges...

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