UNITED STATES v. ORTIZ

No. 760, Docket 73-2523.

496 F.2d 705 (1974)

UNITED STATES of America, Appellee, v. Rosa ORTIZ, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided May 6, 1974.


Attorney(s) appearing for the Case

Richard Wile, Asst. U. S. Atty., New York City (Paul J. Curran, U. S. Atty., for the S. D. N. Y., and S. Andrew Schaffer, Asst. U. S. Atty., New York City, on the brief), for appellee.

Jay Gold, New York City, for defendant-appellant.

Before MEDINA, MANSFIELD and OAKES, Circuit Judges.


MEDINA, Circuit Judge:

Having been convicted by Judge Gurfein, sitting without a jury, of the crime of conspiracy to distribute a narcotic drug in violation of 21 U.S.C., Section 846, Rosa Ortiz appeals. The claim that she was merely a "procuring agent" is precluded by our recent decision in United States v. Masullo, 489 F.2d 217 (2d Cir. 1973).

Ortiz testified in her own defense and there was at the trial a direct conflict...

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