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UNITED STATES v. AGAPITO

Nos. 413, 414 and 484, Dockets 79-1257, 79-1265 and 79-1377.

620 F.2d 324 (1980)

UNITED STATES of America, Appellee, v. Calixto AGAPITO, Martha Calderon and Horacio Rueda, Appellants.

United States Court of Appeals, Second Circuit.

Decided March 12, 1980.

Attorney(s) appearing for the Case

Ronald D. Degen, New York City (Barry I. Slotnick and Lawrence M. Hermann, New York City; Melvin Ravech, Raymond Sussman, and Ravech & Aronson, Boston, Mass., on the brief), for appellants Agapito and Calderon.

Charles Sutton, New York City, for appellant Rueda.

Jeffrey E. Livingston, Asst. U. S. Atty., New York City (Robert B. Fiske, Jr., U. S. Atty., and Gregory L. Diskant, Asst. U. S. Atty., New York City, on the brief), for appellee.

Before TIMBERS, VAN GRAAFEILAND and NEWMAN, Circuit Judges.

TIMBERS, Circuit Judge:

After an eleven day jury trial in the Southern District of New York, Irving Ben Cooper, District Judge, appellants Calixto Agapito, Martha Calderon and Horacio Rueda were convicted of conspiring to possess and distribute cocaine, in violation of 21 U.S.C. § 846 (1976) (Count One), and possessing with intent to distribute approximately one kilogram of cocaine, in violation of 21 U.S.C. § 841...

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