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UNITED STATES v. BERMUDEZ

Nos. 43, 44, 542, Dockets 75-1073, 75-1122, 75-1379.

526 F.2d 89 (1975)

UNITED STATES of America, Appellee, v. Eduardo BERMUDEZ et al., Appellants.

United States Court of Appeals, Second Circuit.

Decided November 6, 1975.

Attorney(s) appearing for the Case

Charles Sutton, New York City, for appellant Bermudez.

Arnold E. Wallach, New York City, for appellant Diaz-Martinez.

Thomas R. Mattarazzo, Brooklyn, N.Y., for appellant Vivas.

Steven Kimelman, Asst. U.S. Atty. (David G. Trager, U.S. Atty., E. D. N.Y., on the brief), for appellee.

Before WATERMAN, OAKES and MESKILL, Circuit Judges.

OAKES, Circuit Judge:

This appeal in a rather commonplace drug case raises several questions worthy of consideration.

Appellants Eduardo Bermudez, Jorge Vivas and Israel Diaz-Martinez were convicted by a jury on February 7, 1975, of conspiracy to distribute cocaine in violation of 21 U.S.C. § 846. They were each sentenced by Chief Judge Mishler of the Eastern District of New York to a five-year term of imprisonment and to special parole for ten years...

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