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UNITED STATES v. LEGATO

No. 71-3336.

480 F.2d 408 (1973)

UNITED STATES of America, Plaintiff-Appellee, v. Anthony LEGATO and Abraham Migdall, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

June 14, 1973.

Attorney(s) appearing for the Case

Melvyn Kessler, Miami, Fla., Robert Bailey, Chicago, Ill., for defendants-appellants.

Robert W. Rust, U. S. Atty., William P. Cagney, U. S. Dept of Justice, Miami, Fla., Frederick W. Read, III, Atty., Dept. of Justice, Washington, D. C., for plaintiff-appellee.

Before GEWIN, GOLDBERG and DYER, Circuit Judges.

GEWIN, Circuit Judge:

The appellants, Anthony Legato and Abraham Migdall, were charged in a three-count indictment on September 30, 1971 with the following criminal offenses: (1) conspiracy to knowingly and intentionally distribute heroin, a Schedule I controlled substance, 21 U.S.C. § 841(a)(1); (2) knowingly and intentionally possessing heroin with an intent to distribute, 21 U.S.C. § 841(a)(1); and (3) knowingly and intentionally attempting to distribute...

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