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UNITED STATES v. MILEY

Nos. 536-540, Docket 74-2207-10, 74-2423.

513 F.2d 1191 (1975)

UNITED STATES of America, Appellee, v. David Ross MILEY et al., Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided March 19, 1975.

Attorney(s) appearing for the Case

Sidney Meyers, New York City, for defendant-appellant Wenzler.

Lawrence Stern, New York City (Irving Cohen, New York City, of counsel), for defendant-appellant Goldstein.

Stephen Gillers, New York City, for defendant-appellant Flores.

Harry Fractenberg, New York City, for defendant-appellant Miley.

Laurence E. Jacobson, New York City, for defendant-appellant Varvarigos.

Harry C. Batchelder, Jr., Asst. U. S. Atty. (Paul J. Curran, U. S. Atty., Southern District of New York, and Dominic F. Amorosa and John D. Gordan, III, Asst. U. S. Attys., of counsel), for appellee.

Before WATERMAN, FRIENDLY and GURFEIN, Circuit Judges.

FRIENDLY, Circuit Judge:

In these appeals from convictions after jury trials before Judge Pollack in the District Court for the Southern District of New York for distributing and possessing with intent to distribute Schedule I and Schedule III controlled substances, to wit, lysergic acid diethylamide (LSD) and phencyclidine hydrochloride (PCP), 21 U.S.C. §§ 812, 841(a)(1), and 841(b)(1)(B), and for conspiring to commit these substantive crimes, 21 U.S.C...

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