United States America v. Patrick Defillipo and James Defillipo

Appellants were prosecuted on two counts for receiving and possessing goods stolen in interstate commerce, in violation of 18 U.S.C. ? 659, and for conspiring with each other and with three codefendants to receive stolen goods, in violation of 18 U.S.C. ? 371. The DeFillipos, who are brothers, were each convicted on both counts after a jury trial in the United States District Court for the Eastern District of New York, Jacob Mishler, Chief Judge. They were sentenced to two years imprisonment on the conspiracy charge, to be served consecutively to sentences previously imposed in the District of New Jersey for another crime involving similar charges in connection with stolen Yves St. Laurent suits, of which more later; the possession charge carried no sentence of imprisonment, only a five-year probation term. On this appeal appellants raise six points, three of which were decided adversely to their three codefendants in an affirmance from the bench in United States v. Santa, 578 F.2d 1372 (2d Cir. 1978). We find none of the six grounds of sufficient merit to warrant reversal.