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UNITED STATES v. McGRATH

Nos. 1181 to 1184, Dockets 79-1103, 79-1105, 79-1111 and 79-1116.

613 F.2d 361 (1979)

UNITED STATES of America, Appellee, v. James McGRATH, Sylvester Scigowski, Scott Cooper and Bruce Buckle, Appellants.

United States Court of Appeals, Second Circuit.

Decided December 10, 1979.

Attorney(s) appearing for the Case

Paul Casteleiro, New York City (Michael Kennedy, New York City, on the brief), for appellant McGrath.

Mark Lemle Amsterdam, New York City, for appellant Scigowski.

Stanley L. Siegel, New York City (Norman T. Corenthal, New York City, on the brief), for appellant Cooper.

Richard W. Levitt, New York City (Gerald B. Lefcourt, New York City, on the brief), for appellant Buckle.

Kenneth V. Handal, Asst. U. S. Atty., New York City (Robert B. Fiske, Jr., U. S. Atty., and David C. Patterson, Asst. U. S. Atty., New York City, on the brief), for appellee.

Before MANSFIELD, MULLIGAN and TIMBERS, Circuit Judges.

TIMBERS, Circuit Judge:

After a four week jury trial in the Southern District of New York, Henry F. Werker, District Judge, appellants Scigowski, McGrath, Cooper and Buckle were convicted of conspiring to possess and to distribute large quantities of marijuana during the four year period between June 8, 1974 and June 15, 1978. The latter three appellants also were convicted of substantive offenses of possession with intent to distribute marijuana.

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