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UNITED STATES v. VARGAS

No. 178, Docket 34632.

443 F.2d 901 (1971)

UNITED STATES of America, Appellee, v. Carlos Flores VARGAS, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided May 26, 1971.

Attorney(s) appearing for the Case

Walter J. Higgins, Jr., Asst. U. S. Atty. (Whitney North Seymour, Jr., U. S. Atty., S.D.N.Y., and James T. B. Tripp, Asst. U. S. Atty., of counsel), for appellee.

Richard Levy, New York City (Milton Adler, Legal Aid Society, New York City, of counsel), for defendant-appellant.

Before FRIENDLY, Chief Judge, and DANAHER and HAYS, Circuit Judges.

PER CURIAM:

Appellant Vargas was indicted in the District Court for the Southern District of New York along with one Campina. Count 1 charged Campina alone with violating 21 U.S.C. §§ 173 and 174 on August 19, 1969, by receiving etc. 4.16 grams of cocaine, knowing the same to have been illegally imported. Count 2 charged Campina and Vargas with violating the same statute on the same day with respect to 820 grams of cocaine. Count 3 charged that the 820 gram...

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