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UNITED STATES v. WANTON

No. 500, Docket 31172.

380 F.2d 792 (1967)

UNITED STATES of America, Appellee, v. Antonio WANTON, Appellant.

United States Court of Appeals Second Circuit.

Decided July 14, 1967.

Attorney(s) appearing for the Case

Gustave A. Gerber, New York City, for appellant.

Charles P. Sifton, Asst. U.S. Atty. (Robert M. Morgenthau, U.S. Atty. for Southern Dist. of New York, Michael W. Mitchell, John A. Stichter, Asst. U.S. Attys., on the brief), for appellee.

Before HAYS and FEINBERG, Circuit Judges, and McLEAN, District Judge.

McLEAN, District Judge.

In May 1965, Israel Cotto Vallejo and Antonio Wanton, the present appellant, were indicted in a five-count indictment. The first count charged both defendants with conspiracy to violate the narcotics laws. The second count charged Vallejo with selling, dispensing and distributing cocaine which was not in the original stamped package, in violation of 26 U.S. C. § 4704(a) and companion sections. The third count charged him with receiving...

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