United States v. Kaufman, No. 122
| Court | United States Courts of Appeals. United States Court of Appeals (2nd Circuit) |
| Writing for the Court | LUMBARD, , MOORE and HAYS, Circuit |
| Citation | 311 F.2d 695 |
| Parties | UNITED STATES of America, Appellee, v. Joseph KAUFMAN and Domenic Mauro, Appellants. |
| Docket Number | Docket 27660.,No. 122 |
| Decision Date | 08 January 1963 |
311 F.2d 695 (1963)
UNITED STATES of America, Appellee,
v.
Joseph KAUFMAN and Domenic Mauro, Appellants.
No. 122, Docket 27660.
United States Court of Appeals Second Circuit.
Argued October 24, 1962.
Decided January 8, 1963.
H. Elliot Wales, New York City, for appellants.
James B. White, Asst. U. S. Atty. for the Southern District of New York, New York City (Vincent L. Broderick, U. S. Atty. for the Southern District of New York, New York City), for appellee. Arthur I. Rosett, Asst. U. S. Atty., of counsel.
Before LUMBARD, Chief Judge, MOORE and HAYS, Circuit Judges.
LEONARD P. MOORE, Circuit Judge.
These are appeals from the convictions of defendants Joseph Kaufman and Domenic Mauro after trial before a jury for violations of 21 U.S.C.A. §§ 173, 174. The trial of a third defendant named in the indictment, Peter DiPalermo, was severed.1
The defendants were tried under a three-count indictment. The first count charged a substantive violation of § 173
On the afternoon of April 16, 1960, Romero Infanzone, an informant for the Federal Bureau of Narcotics, under instruction from Agents Durham and Maduro, met, and was seen talking to, Peter DiPalermo. Later that day, defendant Kaufman was observed placing a package found to contain 186 grams of heroin in Agent Durham's empty car parked on First Avenue between Third and Fourth Street. On April 18, 1960, Agent Maduro attempted to make a payment of $2,300 for the heroin, but was unsuccessful. The sale was consummated on April 20, 1960, when Infanzone, after having been giving $2,300 by the agents, was met by Kaufman on Delancey Street between Chrystie Street and the Bowery. They conferred briefly, left the area by cab, and Infanzone returned fifteen minutes later without the $2,300 in a car driven by DiPalermo.
On April 22, 1960, the procedure of the 16th was repeated and ended in the delivery by defendant Mauro to Agent Durham's car of a package found to contain 500 grams of heroin. Again an attempted payoff on the purchase price ($6,125) failed to come to fruition on April 25th. On May 2, 1960, Agent Maduro, posing as the brother-in-law of Infanzone, met Kaufman. Maduro testified that he insisted on making payment only to DiPalermo, that Kaufman informed him that he was to take delivery, and that if Maduro did not pay him, he would have to go back and speak to DiPalermo. Maduro then parked the car, Kaufman left, but never returned to receive the money.
Appellants urge as grounds for reversal (1) unnecessary delay after arrest in presenting the case to the grand jury and between the time of the filing of the indictment and the time appellants were brought to court to answer it, (2) that because of misjoinder a severance should have been granted and a mistrial declared and (3) that Count 3 against Kaufman should have been dismissed because of insufficient evidence.
(1) UNNECESSARY DELAY.
On May 5, 1960, all three defendants were arrested, arraigned, bail was posted and they were released. They moved under Rule 48(b), Federal Rules of Criminal Procedure, to dismiss the complaint on March 31, 1961 on the ground of unreasonable delay in presenting the matter to the Grand Jury. Said motion was denied by Judge MacMahon on...
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...States v. Young, 544 F.2d 415, 418 (9th Cir.), cert. denied, 429 U.S. 1024, 97 S.Ct. 643, 50 L.Ed.2d 626 (1976); United States v. Kaufman, 311 F.2d 695, 698-99 (2d Cir.1963); Northern v. United States, 300 F.2d 131, 132 (6th Cir.1962). If, however, these dicta are an accurate reflection of ......
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United States v. James, No. 71-1168
...362 U.S. 511, 80 S.Ct. 945, 4 L.Ed.2d 921, rehearing denied, 363 U.S. 858, 80 S.Ct. 1605, 4 L.Ed.2d 1739 (1960); United States v. Kaufman, 311 F.2d 695 (2d Cir. 1963). 3 Because Agent Smith had told Lewis that a reward of $1500 would be recommended upon the completion of the case, although ......
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United States v. Colitto, No. 70 CR 647.
...States, 122 U.S.App. D.C. 229, 352 F.2d 705 (1965); United States v. Dickerson, 347 F.2d 783 (2d Cir. 1965); United States v. Kaufman, 311 F.2d 695 (2nd Cir. 1963); ABA, Standards Relating to Speedy Trial, 22-23 (Approved Draft 1968). But cf. Dickey v. Florida, 398 U.S. 30, 44-47, 90 S.Ct. ......
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Martinez v. Winner, No. 82-BJ-199.
...which, if well-taken, would bar a retrial. See Esneault v. Waterman S. S. Corp., 449 F.2d 1296 (5th Cir. 1971); United States v. Kaufman, 311 F.2d 695, 698-699 (2d Cir. 1963); Gilmore v. United States, 264 F.2d 44, 47 (5th Cir. 1959). Permitting declaratory judgment actions in this context ......
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U.S. v. Richardson, No. 81-2029
...States v. Young, 544 F.2d 415, 418 (9th Cir.), cert. denied, 429 U.S. 1024, 97 S.Ct. 643, 50 L.Ed.2d 626 (1976); United States v. Kaufman, 311 F.2d 695, 698-99 (2d Cir.1963); Northern v. United States, 300 F.2d 131, 132 (6th Cir.1962). If, however, these dicta are an accurate reflection of ......
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United States v. James, No. 71-1168
...362 U.S. 511, 80 S.Ct. 945, 4 L.Ed.2d 921, rehearing denied, 363 U.S. 858, 80 S.Ct. 1605, 4 L.Ed.2d 1739 (1960); United States v. Kaufman, 311 F.2d 695 (2d Cir. 1963). 3 Because Agent Smith had told Lewis that a reward of $1500 would be recommended upon the completion of the case, although ......
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United States v. Colitto, No. 70 CR 647.
...States, 122 U.S.App. D.C. 229, 352 F.2d 705 (1965); United States v. Dickerson, 347 F.2d 783 (2d Cir. 1965); United States v. Kaufman, 311 F.2d 695 (2nd Cir. 1963); ABA, Standards Relating to Speedy Trial, 22-23 (Approved Draft 1968). But cf. Dickey v. Florida, 398 U.S. 30, 44-47, 90 S.Ct. ......
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Martinez v. Winner, No. 82-BJ-199.
...which, if well-taken, would bar a retrial. See Esneault v. Waterman S. S. Corp., 449 F.2d 1296 (5th Cir. 1971); United States v. Kaufman, 311 F.2d 695, 698-699 (2d Cir. 1963); Gilmore v. United States, 264 F.2d 44, 47 (5th Cir. 1959). Permitting declaratory judgment actions in this context ......