UNITED STATES v. FIORE

No. 906, Docket 72-1414.

467 F.2d 86 (1972)

UNITED STATES of America, Appellee, v. Joseph R. FIORE, Appellant.

United States Court of Appeals, Second Circuit.

Decided September 27, 1972.


Attorney(s) appearing for the Case

Kristin Booth Glen, New York City, for appellant.

Raymond J. Dearie, Asst. U. S. Atty. (Robert A. Morse, U. S. Atty., E. D. N. Y., David G. Trager, L. Kevin Sheridan, Asst. U. S. Attys., of counsel), for appellee.

Before FEINBERG, MULLIGAN and OAKES, Circuit Judges.


OAKES, Circuit Judge:

Appellant's principal contention on appeal is that his sentence of 20 years without parole, for selling heroin, is illegal. He also argues insufficiency of the evidence and that collateral use of wiretaps pursuant to an allegedly unconstitutional statute requires reversal of his conviction on Counts One and Three (sale of heroin contrary to 21 U.S.C. § 174) and Two and Four (sale of heroin not in a tax paid stamped package in violation of...

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