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UNITED STATES v. FOSS

No. 74-1083.

501 F.2d 522 (1974)

UNITED STATES of America, Appellee, v. Stewart FOSS et al., Defendants-Appellants.

United States Court of Appeals, First Circuit.

Decided July 31, 1974.

Attorney(s) appearing for the Case

Harvey A. Silverglate and Thomas G. Shapiro, Boston, Mass., with whom Silverglate, Shapiro & Gertner, Boston, Mass., was on brief, for appellants.

Lawrence P. Cohen, Asst. U. S. Atty., with whom James N. Gabriel, U. S. Atty., Boston, Mass., was on brief, for appellee.

Before COFFIN, Chief Judge, McENTEE and CAMPBELL, Circuit Judges.

LEVIN H. CAMPBELL, Circuit Judge.

James W. Coveney, Jr. and Stewart Foss pleaded guilty to charges stemming from the illegal distribution of cocaine. 21 U.S.C. § 841. They contend on appeal that the district court abused its discretion by sentencing each of them to three years' imprisonment and denying their subsequent motion for reduction of sentence. Their principal complaint is that the court failed to "individualize" their sentences imposing imprisonment...

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