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UNITED STATES v. MALIZIA

No. 1132, Docket 74-1389.

503 F.2d 578 (1974)

UNITED STATES of America, Appellee, v. Ernest MALIZIA, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided September 17, 1974.

Certiorari Denied January 27, 1975.

Attorney(s) appearing for the Case

Bancroft Littlefield, Jr., Asst. U.S. Atty. (Paul J. Curran, U.S. Atty. S.D. N.Y., S. Andrew Schaffer, Asst. U.S. Atty., of counsel), for appellee.

J. Jeffrey Weisenfeld, New York City (Goldberger, Feldman & Breitbart, New York City, on the brief), for defendant-appellant.

Before SMITH and MANSFIELD, Circuit Judges, and BARTELS, District Judge.

Certiorari Denied January 27, 1975. See 95 S.Ct. 834.

BARTELS, District Judge:

After a three-day trial in the Southern District of New York before Constance Baker Motley, District Judge, and a jury, Ernest Malizia was convicted on February 15, 1974, of a one-count indictment which charged him with the sale of 995 grams of cocaine in violation of 21 U.S.C. §§ 173 and 174. He was sentenced to ten years imprisonment and a $20,000 fine.

On appeal...

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