United States v. Frank R. Coppola

MOORE, Circuit Judge.

Subsequent to the argument and decision of this case by the original panel, the United States petitioned for a rehearing en banc as to the defendant, Frank R. Coppola. 28 U.S.C.A. § 46(c). Because of the importance of the question involved, the petition was granted and a second argument was heard by all the active judges of the court.

The defendant, Frank R. Coppola, was convicted, after a trial by jury in the Western District of New York, on all three counts of an indictment charging violations of 18 U.S.C.A. § 2113(a) and (b). The first count alleged that defendant on or…