UNITED STATES v. DeFEIS

No. 75-3745 Summary Calendar.

530 F.2d 14 (1976)

UNITED STATES of America, Plaintiff-Appellee, v. George DeFEIS and James Antonio, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied May 13, 1976.


Attorney(s) appearing for the Case

George D. Gold, Miami, Fla., for George DeFeis.

Lawrence S. Katz, Miami Beach, Fla., for James Antonio.

Robert W. Rust, U.S. Atty., Kerry J. Nahoom, Asst. U.S. Atty., Miami, Fla., for plaintiff-appellee.

Before AINSWORTH, CLARK and RONEY, Circuit Judges.


PER CURIAM:

George DeFeis and James Antonio appeal from their convictions of possessing with intent to distribute and distributing 140 grams of cocaine, in violation of 21 U.S.C. § 841(a)(1) and 18 U.S.C. § 2. They contend on appeal that the trial court erred in determining (1) that the entry by Drug Enforcement Agents into the apartment from which the cocaine was seized was unaccompanied by force, and (2) that 18 U.S.C. § 3109 (pertaining to the breaking...

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