United States v. Bujese

Full title: UNITED STATES of America, Appellee, v. Jeffrey BUJESE, Appellant

Court: United States Court of Appeals, Second Circuit

Date published: Feb 3, 1969

405 F.2d 888 (2d Cir. 1969)

Opinion

No. 307, Docket 30574.

Decided February 3, 1969.

Appeal from a judgment of the United States District Court for the Southern District of New York entered on April 14, 1964 convicting appellant of bank robbery in violation of 18 U.S.C. § 2113 (a) and (d) and conspiracy in violation of 18 U.S.C. § 371 after a trial before Hon. John M. Cannella and a jury.

Phylis Skloot Bamberger, New York City (Anthony F. Marra, New York City, on the brief), for appellant.

Frederick F. Greenman, Jr., Asst. U.S. Atty. (Robert M. Morgenthau, U.S. Atty., for Southern District of New York, and Michael W. Mitchell, Asst. U.S. Atty., on the brief), for appellee.

Before MOORE and HAYS, Circuit Judges, and ZAVATT, District Judge.^_

_ Of the Eastern District of New York, sitting by designation.

PER CURIAM:

On June 7, 1967, this court affirmed Per Curiam a judgment convicting appellant of bank robbery in violation of 18 U.S.C. § 2113(a) and (d) and of conspiring to rob a bank in violation of 18 U.S.C. § 371. United States v. Bujese, 378 F.2d 719 (2d Cir. 1967). Our decision was vacated by the Supreme Court, 392 U.S. 297, 88 S.Ct. 2064, 20 L.Ed.2d 1113 (6/10/68), and remanded for further consideration in light of Bruton v. United States, 391 U.S. 123, 88 S.Ct. 1620, 20 L.Ed.2d 476 (1968), referring to Roberts v. Russell, 392 U.S. 293, 88 S.Ct. 1921, 20 L.Ed.2d 1100 (also 6/10/68).

Upon reconsideration we reverse the judgment of conviction and grant a new trial.