COFFIN, Chief Judge.
Hipolito Cruz, Felix Luna, and Wilberto Luna were charged in Count I of an indictment with conspiring to distribute heroin between March 8, 1976 and April 19, 1976. Count II of the indictment accused Cruz and Felix Luna of distributing heroin on March 8, 1976. Wilberto Luna was charged in Count III with distributing heroin on April 19, 1976. After a jury trial Cruz and Felix Luna were found guilty on Counts I and II. Wilberto Luna was acquitted...
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