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UNITED STATES v. WILKES

No. 285, Docket 34827.

451 F.2d 938 (1971)

UNITED STATES of America, Appellee, v. Richard WILKES, Appellant.

United States Court of Appeals, Second Circuit.

Decided November 26, 1971.

Attorney(s) appearing for the Case

John C. Sabetta, Asst. U. S. Atty. (Whitney North Seymour, Jr., U. S. Atty., S.D.N.Y., and John W. Nields, Jr., Asst. U. S. Atty., of counsel), for appellee.

Donald Nawi, New York City (Julian W. Friedman, New York City, of counsel), for appellant.

Before FRIENDLY, Chief Judge, FEINBERG, Circuit Judge, and DAVIS, Associate Judge.

FRIENDLY, Chief Judge:

Richard Wilkes was convicted in November, 1968, of violating 21 U.S.C. §§ 173 and 174 after a bench trial in the District Court for the Southern District of New York. His appeal1 challenges the denial of a suppression motion and the decision at trial. Both branches of the appeal rest on a common core of evidence, although testimony at the suppression hearing concerning facts furnished by the informers could...

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