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UNITED STATES v. GOMEZ

No. 76-1947.

593 F.2d 210 (1979)

UNITED STATES of America v. Pedro GOMEZ, a/k/a Jose Rivera Lopez, Appellant.

United States Court of Appeals, Third Circuit.

Reargued November 6, 1978.

Decided February 2, 1979.

Certiorari Denied May 14, 1979.

Attorney(s) appearing for the Case

James V. McGovern, Tarrytown, N. Y., for appellant.

Robert J. Del Tufo, U. S. Atty., Newark, N. J., for United States; Maryanne T. Desmond, Asst. U. S. Atty., on brief.

Before SEITZ, Chief Judge, and ALDISERT, GIBBONS, ROSENN, HUNTER, WEIS, GARTH and HIGGINBOTHAM, Circuit Judges.

Certiorari Denied May 14, 1979. See 99 S.Ct. 2172.

Argued Jan. 3, 1978.

Reargued Nov. 6, 1978 In Banc.

OPINION OF THE COURT

GARTH, Circuit Judge:

Three issues have been raised before us on this appeal by Pedro Gomez from his criminal conviction under the Comprehensive Drug Abuse Prevention and Control Act of 1970, 21 U.S.C. § 801 et seq. (1977). First, we are asked to consider whether the defendant Gomez can properly be...

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