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UNITED STATES v. FIORE

No. 869, Docket 35229.

443 F.2d 112 (1971)

UNITED STATES of America, Appellee, v. Joseph Ralph FIORE, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided May 17, 1971.

Attorney(s) appearing for the Case

Joseph W. Ryan, Jr., Asst. U. S. Atty. (Edward R. Neaher, U. S. Atty., E. D. New York, and David G. Trager, Asst. U. S. Atty., of counsel), for appellee.

Henry K. Chapman, New York City for defendant-appellant.

Before FRIENDLY, ANDERSON and FEINBERG, Circuit Judges.

FRIENDLY, Circuit Judge:

After a jury trial in the District Court for the Eastern District of New York, Joseph Ralph Fiore was convicted on all counts of a four-count indictment charging him with sales of heroin on December 3, 1969, and January 12, 1970, in violation of 21 U.S.C. § 174 and 26 U.S.C. § 4704(a).

Late in November 1969, Thomas Bennett, Jr., a confidential informant apparently used in previous narcotics investigations, was employed by...

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