UNITED STATES v. WEST

No. 74-1279.

511 F.2d 1083 (1975)

UNITED STATES of America v. Gary WEST, Appellant.

United States Court of Appeals, Third Circuit.

Decided February 25, 1975.


Attorney(s) appearing for the Case

Albert L. Deutsch, Stanley Bashman, Bashman, Deutsch & Bernstein, Philadelphia, Pa., for appellant.

Frank J. Bove, Asst. U. S. Atty., Robert E. J. Curran, U. S. Atty., Walter S. Batty, Jr., Asst. U. S. Atty., Chief, Appeals Div., for appellee.

Before HASTIE, GIBBONS and WEIS, Circuit Judges.


OPINION OF THE COURT

HASTIE, Circuit Judge.

In the district court, sitting without a jury, the Appellant, Gary West, was tried and convicted on three counts on an indictment. Count 1 charged unlawful distribution of about 9 grams of heroin on January 23rd. Similarly, count 2 charged the distribution of about 7 grams on January 25th. Count 3 charged knowing possession of about 4 grams of heroin on January 29 with intent to distribute. West was sentenced,...

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