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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