UNITED STATES v. FIORITO

No. 73-1617.

499 F.2d 106 (1974)

UNITED STATES of America, Plaintiff-Appellee, v. Carl FIORITO, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided June 28, 1974.


Attorney(s) appearing for the Case

Ronald P. Alwin, Chicago, Ill., for defendant-appellant.

James R. Thompson, U. S. Atty., Walter Jones, Jr., Asst. U. S. Atty., Chicago, Ill., for plaintiff-appellee.

Before SWYGERT, Chief Judge, and CUMMINGS and STEVENS, Circuit Judges.


CUMMINGS, Circuit Judge.

In November 1971, a 15-count indictment1 was returned against eleven persons alleging narcotic offenses in violation of what was then 21 U.S.C. § 174. Appellant Carl Fiorito was named only in the first count, which charged him and the ten co-defendants with violating the conspiracy portion of said statute. The grand jury alleged that the eleven defendants conspired "to receive, conceal, buy, sell and facilitate...

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