What is the test for overturning a judgment of conviction and remanding the case for a new trial?

MultiRegion, United States of America

The following excerpt is from United States v. Caballero, 398 F.2d 628 (2nd Cir. 1968):

The judgment of conviction is reversed and the case is remanded for a new trial for the reasons stated in this court's opinion in United States v. Tarrago, 398 F.2d 621 (2 Cir. 1968), decided July 3, 1968.

LUMBARD, Chief Judge (concurring):

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