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U.S. v. NAKASHIAN

No. 264, Docket 86-1310.

820 F.2d 549 (1987)

UNITED STATES of America, Appellant, v. Raffi NAKASHIAN, a/k/a "Ralfi," Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided June 2, 1987.

Attorney(s) appearing for the Case

Jess Fardella, Asst. U.S. Atty. (Bruce A. Green, Asst. U.S. Atty., and Rudolph W. Giuliani, U.S. Atty., S.D.N.Y., of counsel), for appellant.

Kenneth V. Handal, New York City (Michael D. Schissel, Marks Murase & White, New York City, of counsel), for defendant-appellee.

Before FEINBERG, Chief Judge, WINTER and MAHONEY, Circuit Judges.

MAHONEY, Circuit Judge:

The United States appeals, pursuant to 18 U.S.C. § 3731 (1982 & Supp. III 1985), from an order of the United States District Court for the Southern District of New York holding that the indictment brought against appellee is multiplicitous, and requiring the government to elect between the two counts charging conspiracy to import and distribute hashish and the count charging conspiracy to defraud and make false statements to the United...

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