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UNITED STATES v. RIVERA

No. 1144, Docket 75-1109.

521 F.2d 125 (1975)

UNITED STATES of America, Appellee, v. Adolpho RIVERA, Jr., Appellant.

United States Court of Appeals, Second Circuit.

Decided July 14, 1975.

Attorney(s) appearing for the Case

Thomas M. Fortuin, Asst. U.S. Atty. (Paul J. Curran, U.S. Atty., S.D.N.Y., John D. Gordan, III, Asst. U.S. Atty., of counsel), for appellee.

Jonathan J. Silberman, New York City (William J. Gallagher, Legal Aid Society, New York City), for appellant.

Before CLARK, Associate Justice, MANSFIELD and MULLIGAN, Circuit Judges.

MULLIGAN, Circuit Judge:

Adolpho Rivera, Jr., appeals from a judgment of conviction rendered on January 28, 1975 in the United States District Court for the Southern District of New York, Hon. Inzer B. Wyatt, Judge, after a two-day jury trial. Rivera was convicted on counts two through five of a seven-count indictment filed on January 16, 1975. These counts encompassed the following:

—Count Two charged Rivera and codefendant Rafael Fontanez with...

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