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UNITED STATES v. LUBRANO

No. 254, Docket 75-1158.

529 F.2d 633 (1975)

UNITED STATES of America, Appellee, v. Philip LUBRANO, Appellant.

United States Court of Appeals, Second Circuit.

Decided December 30, 1975.

Attorney(s) appearing for the Case

Lawrence Hochheiser, Brooklyn, N. Y. (Hochheiser & Cohen, Brooklyn, N. Y., of counsel, Kenneth J. Aronson, Brooklyn, on the brief), for appellant.

John Timbers, New York City (Paul J. Curran, U. S. Atty., S. D. N. Y., John D. Gordan, III, Asst. U. S. Atty., of counsel), for appellee.

Before MOORE, MULLIGAN and VAN GRAAFEILAND, Circuit Judges.

MOORE, Circuit Judge:

The indictment charged in count one that Philip Lubrano ("Lubrano") and codefendants Anthony Rizzo ("Rizzo") and Victor Vitale ("Vitale") conspired to distribute narcotics, in violation of 21 U.S.C. § 846; count two charged that Vitale distributed 102 grams of cocaine on May 11, 1973; and count three charged that Lubrano distributed approximately 112.2 grams of cocaine on August 20, 1973, both in violation of 21 U.S.C. § 841. The jury...

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