The following excerpt is from U.S. v. Bertolotti, 529 F.2d 149 (2nd Cir. 1975):
Because we cannot say that the errors committed below had no influence on the jury's verdict, we reverse appellants' convictions. In the exercise of our power under 28 U.S.C. 2106 to 'direct the entry of such appropriate judgment . . . as may be just under the circumstances,' we have examined the record in order to determine whether the way should be left open for a new trail for any or all of them. Yates v. United States, 354 U.S. 298, 327, 77 S.Ct. 1064, 1 L.Ed.2d 1356 (1957); United States v. Russano, supra, at 716.
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