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UNITED STATES v. WINGATE

Nos. 1057, 1058, Dockets 75-1065, 75-1067.

520 F.2d 309 (1975)

UNITED STATES of America, Appellee, v. Frank WINGATE and Kenneth Luke Smith, Appellants.

United States Court of Appeals, Second Circuit.

Decided August 4, 1975.

Certiorari Denied January 19, 1976.

Attorney(s) appearing for the Case

Sheila Ginsberg, New York City (William J. Gallagher, Legal Aid Society, Federal Defender Services Unit, New York City, on the brief), for appellant Wingate.

Joyce Krutick Barlow, New York City (Barlow, Katz & Barlow, New York City, on the brief, Robert A. Katz, New York City, of counsel), for appellant Smith.

Thomas M. Fortuin, Asst. U. S. Atty. (Paul J. Curran, U. S. Atty., S.D.N.Y., on the brief, Lawrence S. Feld, Asst. U. S. Atty., of counsel), for appellee.

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

Certiorari Denied January 19, 1976. See 96 S.Ct. 858.

HAYS, Circuit Judge:

Frank Wingate and Kenneth Luke Smith appeal from judgments of conviction entered in the United States District Court for the Southern District of New York after a jury trial. Wingate and Smith were convicted of conspiring to distribute heroin in violation of 21 U.S.C. § 846 (1970).1 We affirm.

I.

In June, 1974, Marell Tyre, who had...

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