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UNITED STATES v. MENNUTI

No. 437, Docket 80-1174.

639 F.2d 107 (1981)

UNITED STATES of America, Appellant, v. Dominick MENNUTI and Victor Natale, Appellees.

United States Court of Appeals, Second Circuit.

Decided January 9, 1981.

Attorney(s) appearing for the Case

Edward R. Korman, U. S. Atty., E. D. N. Y., Brooklyn, N. Y. (Harvey M. Stone and Arlene R. Lindsay, Asst. U. S. Attys., Brooklyn, N. Y., of counsel), for appellant.

Irwin Popkin, Tepper & Popkin, Hicksville, N. Y., for appellee Mennuti.

Before FEINBERG, Chief Judge, and FRIENDLY and MESKILL, Circuit Judges.

FRIENDLY, Circuit Judge:

The United States appeals from an order of the District Court for the Eastern District of New York dismissing an indictment under § 844(i) of Title XI of the Organized Crime Control Act of 1970 on the ground that the Government's proposed proof would not establish a crime within the terms of the statute.

A four count indictment charged appellees Mennuti and Natale and others who subsequently pleaded guilty with conspiracy to violate...

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