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UNITED STATES v. BOMMARITO

No. 214, Docket 75-1219.

524 F.2d 140 (1975)

UNITED STATES of America, Appellee, v. John Paul BOMMARITO, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided October 8, 1975.

Attorney(s) appearing for the Case

Richard G. Chosid, West Bloomfield, Mich., for appellant.

Frederick T. Davis, Asst. U. S. Atty. (Paul J. Curran, U. S. Atty., S. D. N. Y., John D. Gordan, III, Asst. U. S. Atty., New York City, of counsel), for appellee.

Before SMITH, MANSFIELD and OAKES, Circuit Judges.

MANSFIELD, Circuit Judge:

After a non-jury trial in the Southern District of New York before Richard Owen, Judge, appellant was convicted of one count of conspiring to distribute methamphetamine, and to possess it with intent to distribute it, and of one count of possession and sale of methamphetamine in violation of 21 U.S.C. §§ 841(a)(1), 841(b)(1)(B), and 846. Appellant's principal contentions are that Wharton's Rule bars his conviction on the...

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