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UNITED STATES v. ARTUSO

Nos. 780, 819, Dockets 79-1383, 79-1419.

618 F.2d 192 (1980)

UNITED STATES of America, Appellee, v. Vincent ARTUSO, Appellant. UNITED STATES of America, Appellant, v. Bradford WEDRA, Appellee.

United States Court of Appeals, Second Circuit.

Decided March 14, 1980.

Attorney(s) appearing for the Case

Beatrice H. Salten-Smith, New York City (Dublirer, Haydon, Straci & Victor, Paul A. Victor, New York City, of counsel), for appellant Vincent Artuso.

David Seth Michaels, New York City, The Legal Aid Society, Federal Defender Services Unit, New York City, for appellee Bradford Wedra.

Lawrence H. Sharf, Sp. Atty., Brooklyn, N. Y. (Edward R. Korman, U. S. Atty., Eastern District of New York, Thomas P. Puccio, Attorney-in-Charge, U. S. Dept. of Justice, Organized Crime Strike Force, Eastern District of New York, Brooklyn, N. Y., and Kenneth F. McCallion, Sp. Atty., New York City, of counsel), for appellee in No. 79-1383 and for appellant in No. 79-1419.

Before TIMBERS, MESKILL, Circuit Judges, and PALMIERI, District Judge.

PALMIERI, District Judge:

Bradford Wedra [Wedra] and Vincent Artuso [Artuso] were found guilty on July 3, 1979, after a jury trial, of two counts of conspiracy to violate the federal narcotics laws and one substantive count of distributing cocaine. (21 U.S.C. §§ 841, 846). Prior to the imposition of sentence, each defendant moved pursuant to Fed.R.Crim.P. 29 to set aside the jury's verdict and for judgment of acquittal or, in the alternative, for a new trial...

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