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UNITED STATES v. De VITERI

No. 72-CR-457.

350 F.Supp. 550 (1972)

UNITED STATES of America, Plaintiff, v. Mariana De VITERI and Mariano Guerrero, Defendants.

United States District Court, E. D. New York.

June 28, 1972.

Attorney(s) appearing for the Case

Paul E. Warburgh, Jr., Asst. U. S. Atty., Robert A. Morse, U. S. Atty., E. D. N. Y., for the Government.

Melvin Rubin, Zapata & Halbert, New York City, for defendant Mariano Guerrero.

ZAVATT, Senior District Judge.

The co-defendant Mariano Guerrero (Guerrero) has been indicted and charged with a substantive count of illegal importation of cocaine (Count One) and a conspiracy count to possess cocaine with intent to distribute the same (Count Two). The conspiracy count does not allege any overt acts in furtherance of the conspiracy by either Guerrero or his alleged co-conspirator, the co-defendant De Viteri.

Guerrero has moved to dismiss...

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