Court of Appeals for the Second Circuit March 13, 1975, 580, Docket 74-2115 (United States v. Ismael Rivera, A/K/A "Pequilino")

FRIENDLY, Circuit Judge:

A three count indictment in the District Court for the Southern District of New York charged Ismael Rivera with the first degree murder of Special Agent Frank Tumillo of the Bureau of Narcotics and Dangerous Drugs (BNDD),

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with wounding another BNDD agent, Thomas Devine,' while effecting or attempting to effect a robbery of money and property

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of the United States,