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UNITED STATES v. D'AMATO

Nos. 591 to 593, Dockets 73-2437 to 73-2439.

493 F.2d 359 (1974)

UNITED STATES of America, Appellee, v. Frank D'AMATO et al., Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided March 14, 1974.

Attorney(s) appearing for the Case

Henry J. Boitel, New York City, for defendant-appellant Abramo.

Frank A. Lopez, Brooklyn, N. Y., for defendants-appellants D'Amato and Zito.

Bancroft Littlefield, Jr., Asst. U. S. Atty. (Paul J. Curran, U. S. Atty., for the Southern District of New York, John D. Gordan III, Asst. U. S. Atty., on the brief), for appellee.

Before FRIENDLY, HAYS and OAKES, Circuit Judges.

OAKES, Circuit Judge:

Appellants were the subjects of a two-count indictment, count one charging a conspiracy to possess and distribute heroin in violation of 21 U.S.C. § 846, and count two charging possession and distribution of 487.27 grams of heroin on February 20, 1973, in violation of 21 U.S.C. §§ 812, 841(a) (1) & 841(b) (1) (A).1 After a five-day jury trial, all appellants...

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