United States v. Frank Guglielmini, United States of America v. Robert Herko

This appeal arises out of a conviction for violation on one count of Title 18 U.S.C. § 2314 , interstate transportation of stolen property of a value in excess of $5,000. The indictment was returned in January 1977, in the Northern District of California. It charged Robert Herko, Sidney Fried, Frank Guglielmini, and Joseph DiRodio with having transported three debentures, worth approximately $104,000 each, from New York City to San Francisco, California on January 10, 1977, knowing the same to have been stolen. After certain motions to suppress evidence were denied, the cases of Fried and DiRodio were severed from those of Herko and Guglielmini. Following jury trial beginning April 25, 1977, Fried and DiRodio were found guilty. DiRodio’s conviction has been reversed and his case remanded by this court, United States v. DiRodio, 565 F.2d 573 (9th Cir. 1977). The appeal of Fried was affirmed, United States v. Fried, 576 F.2d 787 (9th Cir. 1978). After mistrial in the cases of Herko and Guglielmini, a second trial was commenced on September 12, 1977. A motion for acquittal was denied and the jury returned verdicts of guilty as to both defendants. They appeal.

One of the principal…