United States v. Herbert A. Ellenbogen

ANDERSON, Circuit Judge:

Samuel DiChellis and the appellant Herbert A. Ellenbogen were indicted for conspiracy to defraud the United States. 1 In the same indictment, the appellant was charged with two counts of bribery of a federal employee 2 and DiChellis was charged with two counts of receiving the bribes from the appellant. 3 DiChellis pleaded guilty to the three offenses for which he was indicted. Ellenbogen was represented by retained counsel and pleaded not guilty. After a trial before the court without a jury, he was convicted on all three counts. He appealed and we reversed 4 and…