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UNITED STATES v. CRUSCO

Nos. 72-1004, 72-1005.

464 F.2d 1060 (1972)

UNITED STATES of America, Appellee, v. Peter A. CRUSCO, Appellant in No. 72-1004, and Philip A. Cimmino. Appeal of Philip A. CIMMINO, in No. 72-1005.

United States Court of Appeals, Third Circuit.

Decided July 11, 1972.

Attorney(s) appearing for the Case

Robert B. Cherry, Paterson, N. J., for Crusco.

Paul A. Goldberger, Goldberger, Asness, Feldman & Breitbart, New York City, Peter A. Buchsbaum, American Civil Liberties Union of New Jersey, Newark N. J., of counsel and on the brief, for Cimmino.

Marc L. Dembling, Asst. U. S. Atty., Herbert Stern, U. S. Atty., Newark, N. J., for appellee.

Before ALDISERT, JAMES ROSEN and HUNTER, III, Circuit Judges.

Submitted June 20, 1972 Under Third Circuit Rule 12(6).

OPINION OF THE COURT

PER CURIAM:

The defendants, Peter Crusco and Philip Cimmino, were arrested on August 13, 1971 and indicted on December 2, 1971 for conspiracy to distribute narcotics and for the substantive offense of selling heroin. They were charged with violating 21 U.S.C. §§ 812, 841(a) (1) and 841(b) (1) (A).

The day after the indictment was returned, the defendants...

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