United States of America, Plaintiff-Respondent v. Peter Lubertazzi

McLAUGHLIN, Circuit Judge.

Appellant’s sole complaint before us arises out of the irresponsive comment of a witness while on the stand.

The indictment charged appellant with receiving and selling stolen motor vehicles, 18 U.S.C. § 2313, and with conspiracy to transport stolen motor vehicles in interstate commerce, 18 U.S.C. § 371. He was convicted of all three offenses and sentenced to three years imprisonment under the conspiracy count with similar concurrent sentences on the other counts.

Originally five defendants had been named in the indictments. Three of these pleaded guilty on May 22,…