United States of America, and v. Joseph Charles Bonanno, Jr., and Salvatore Vincent Bonanno, And
Opinion
Opinion
Chambers, J.
Salvatore Vincent Bonanno and Joseph Charles Bonanno, Jr., brothers, were convicted of rather ungentle federal crimes. Salvatore was sentenced to a prison term to run concurrently with terms he was serving already in a federal penitentiary. Joseph was sentenced to five years in prison but is at large on bail pending appeal.
On February 16, 1972, the brothers filed notices of appeal. At the time of sentence, Joseph was represented by John T. Dawson of Campbell, California, and Salvatore by Albert J. Krieger of New York City.
Promptly the district court put the appeals under our expedited appeal plan. Our clerk then set the ready date for all briefing to be completed as of May 1, 1972.
Since February 16, 1972, this court has heard nothing from Joseph’s attorney, Dawson. On April 27, 1972, our clerk received from Attorney Krieger a request for an extension of time to file the record. (It was not in proper form. Although there had been no substitution, in his application Krieger purported to act for both parties. At the clerk’s suggestion, Krieger has now moved to substitute himself for Dawson to serve for Joseph, also.) The application to extend time to docket was the first…