UNITED STATES v. MARIN

No. 736, Docket 74-2606.

513 F.2d 974 (1975)

UNITED STATES of America, Appellee, v. Gabriel MARIN, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided April 15, 1975.


Attorney(s) appearing for the Case

Rubin, Gold & Geller, New York City; Lawrence Stern, Brooklyn, of counsel, for defendant-appellant.

Paul J. Curran, U. S. Atty., S. D. N. Y.; T. Gorman Reilly and John D. Gordan, III, Asst. U. S. Attys., of counsel, for appellee.

Before FRIENDLY and FEINBERG, Circuit Judges, and BARTELS, District Judge.


FEINBERG, Circuit Judge:

Appellant Gabriel Marin was indicted by a grand jury in the United States District Court for the Southern District of New York for possession of one gram of cocaine with intent to distribute it. 21 U.S.C. §§ 812, 841. At appellant's trial, Judge Marvin E. Frankel submitted the case to the jury on a charge of attempted, rather than actual, possession. This change in theory provides the basis for appellant's principal arguments as...

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