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UNITED STATES v. GLADNEY

No. 77-1095.

563 F.2d 491 (1977)

UNITED STATES of America, Appellee, v. William Thomas GLADNEY, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided September 26, 1977.

Attorney(s) appearing for the Case

Willie J. Davis, Boston, Mass., by appointment of the Court, for defendant, appellant.

James E. O'Neil, Asst. U. S. Atty., Boston, Mass., with whom James N. Gabriel, U. S. Atty., Boston, Mass., was on brief, for appellee.

Before COFFIN, Chief Judge, LAY, Circuit Judge, CAMPBELL, Circuit Judge.

LEVIN H. CAMPBELL, Circuit Judge.

William Thomas Gladney appeals from a conviction for possessing and distributing heroin in violation of 21 U.S.C. § 841(a)(1). He seeks a new trial on the ground that the district court erred in allowing the Government to introduce at the last minute the tape of a telephone conversation between Gladney and another, the existence of which had not been disclosed in pre-trial discovery procedures. By revealing that Gladney was dealing...

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