United States v. Carl Fiorito, United States of America v. Theodore De Rose

CASTLE, Circuit Judge.

The defendants, Carl Fiorito and Theodore DeRose, were convicted, following a jury trial, on a two-count indictment charging each with violations of 26 U.S. C.A. § 4705(a) and 21 U.S.C.A. § 174. Fiorito was sentenced to a term of twenty yeai’S on each count, the sentences to run concurrently. DeRose was sentenced to concurrent ten year terms. Each of the defendants appealed.

Both appeals present claims by the respective defendant of reversible error arising from statements made by the trial judge to the jury preliminary to the giving of the formal instructions, rulings on…