United States v. Jerome Fusco

DUFFY, Senior Circuit Judge.

In May 1967, defendant and one Richard Malone were indicted on the charge of theft from an interstate shipment in violation of 18 U.S.C. § 659. The one count indictment charged that on February 23, 1967, Malone and Fusco stole 470 gallons of gasoline from a motor truck operated by Mobil Oil Corporation.

Malone entered a plea of guilty and testified for the Government. Fusco pled not guilty and was tried before a jury and found guilty. He was sentenced for three years and fined $1,500 and costs.

On appeal, this Court reversed the judgment without remand on the basis…