UNITED STATES v. BERATA

No. 406, Docket 28923.

343 F.2d 469 (1965)

UNITED STATES of America, Appellee, v. Peter BERATA and Andrew Rutto, Appellants.

United States Court of Appeals Second Circuit.

Decided March 30, 1965.

Rehearing Denied April 14, 1965.


Attorney(s) appearing for the Case

Ernst H. Rosenberger, New York City, for appellants.

Otto G. Obermaier, Asst. U. S. Atty., New York City (Robert M. Morgenthau, U. S. Atty., for the Southern District of New York, Martin R. Gold, Asst. U. S. Atty., on the brief), for appellee.

Before MOORE, KAUFMAN and HAYS, Circuit Judges.


PER CURIAM.

Appellants Berata and Rutto and a co-defendant Richardson were tried by the district judge sitting without a jury for violating the federal narcotics laws, 21 U.S.C. §§ 173, 174 (1958), and for conspiracy to violate those sections. The co-defendant Richardson was indicted and convicted on three substantive counts based on transactions with a government agent on November 13, December 6, and December 12...

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