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UNITED STATES v. CALABRO

Nos. 1071, 1080 and 1081, Dockets 71-1390, 71-1412 and 71-1430.

449 F.2d 885 (1971)

UNITED STATES of America, Appellee, v. Anthony CALABRO et al., Appellants.

United States Court of Appeals, Second Circuit.

Decided September 21, 1971.

Attorney(s) appearing for the Case

Arnold E. Wallach, New York City, for appellant Calabro.

Ivan S. Fisher, New York City (Albert J. Krieger, New York City, on the brief), for appellant Puga.

Neal J. Hurwitz, New York City, for appellant Villanueva.

Walter J. Higgins, Jr., Asst. U. S. Atty., New York City (Whitney North Seymour, Jr., U. S. Atty., Peter F. Rient and Jay S. Horowitz, Asst. U. S. Attys., New York City, on the brief), for appellee.

Before FEINBERG, MULLIGAN and TIMBERS, Circuit Judges.

TIMBERS, Circuit Judge:

Appellants Calabro, Puga and Villanueva appeal from judgments of conviction entered upon a jury verdict after a four day trial in the Southern District of New York, Constance Baker Motley, District Judge, finding Calabro and Villanueva guilty on one count of concealing, transporting and selling heroin, in violation of the federal narcotics laws, 21 U.S.C. §§ 173 and 174 (1964),1 and finding

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