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UNITED STATES v. DOMENECH

No. 585, Docket 72-2258.

476 F.2d 1229 (1973)

UNITED STATES of America, Appellee, v. Angel DOMENECH, Appellant.

United States Court of Appeals, Second Circuit.

Decided April 12, 1973.

Attorney(s) appearing for the Case

Alfred Lawrence Toombs, New York City, for appellant.

John J. Kenney, Asst. U. S. Atty., S.D.N.Y. (Whitney North Seymour, Jr., U. S. Atty., John D. Gordan III, and John W. Nields, Jr., Asst. U. S. Attys., S.D. N.Y., of counsel), for appellee.

Before FRIENDLY, Chief Judge, OAKES, Circuit Judge, and DAVIS, Judge.

DAVIS, Judge:

Appellant Angel Domenech was indicted, with co-defendants Morales and Pereira, for conspiring to distribute and possess with intent to distribute over 100 grams of heroin (count 1), and for the substantive offense of distributing and possessing the same amount of narcotics (count 2). Domenech was tried alone before a jury,1 acquitted of conspiracy but convicted of the substantive offense. He was sentenced as a young adult...

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