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UNITED STATES v. OLIVA

No. 82, Docket 34313.

432 F.2d 130 (1970)

UNITED STATES of America, Appellee, v. Anthony OLIVA, Appellant.

United States Court of Appeals, Second Circuit.

Decided September 30, 1970.

Attorney(s) appearing for the Case

Daniel M. Armstrong, David G. Trager, Asst. U. S. Attys., Edward R. Neaher, U. S. Atty., for appellee.

John R. Horan, New York City, for appellant.

Before WATERMAN, MOORE and KAUFMAN, Circuit Judges.

WATERMAN, Circuit Judge:

Appellant Anthony Oliva was indicted on two counts. Count one charged him with wilfully and knowingly receiving and concealing approximately 4.605 grams of heroin, knowing the same to have been imported and brought into the United States contrary to law, in violation of 21 U.S.C. § 174. Count two charged him with unlawfully dispensing and distributing approximately 4.605 grams of heroin in glassine bags which were not in or from the original...

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