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UNITED STATES v. GONZALEZ

No. 319, Docket 73-1932.

488 F.2d 833 (1973)

UNITED STATES of America, Appellee, v. Manuel GONZALEZ, Appellant.

United States Court of Appeals, Second Circuit.

Decided December 6, 1973.

Attorney(s) appearing for the Case

Alfred Lawrence Toombs, New York City (Michael P. Direnzo, New York City, of counsel), for appellant.

Raymond J. Dearie, Asst. U. S. Atty. (Robert A. Morse, U. S. Atty. E. D. N.Y., of counsel), for appellee.

Before SMITH, FEINBERG and OAKES, Circuit Judges.

J. JOSEPH SMITH, Circuit Judge:

Appellant Manuel Gonzalez was convicted after a trial by jury in the United States District Court for the Eastern District of New York, Mark A. Costantino, Judge, on one count of conspiracy and one count of smuggling cocaine into the United States, in violation of 21 U.S.C. § 952(a) and 18 U.S.C. § 2. We find error in the trial and reverse.

The principals of this case first came to the attention of the authorities...

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