PER CURIAM.
Appellant Dovico was convicted on trial to the court, jury waived, of violating 21 U.S.C. §§ 173 and 174, and sentenced to ten years as a second offender in the United States District Court for the Southern District of New York, Sidney Sugarman, District Judge. A conspiracy count in the indictment was dismissed by the trial judge. The appellant argues that the dismissal of the conspiracy count precludes a conviction on the substantive count....
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