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UNITED STATES v. PASTOR

Nos. 577, 578, Dockets 76-1364, 76-1423.

557 F.2d 930 (1977)

UNITED STATES of America, Appellee, v. Edward PASTOR and Martin Weiner, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided May 19, 1977.

Attorney(s) appearing for the Case

Richard H. Kuh, New York City (Andrew R. Cooper, Bennett L. Gershman, Kuh, Shapiro, Goldman, Cooperman & Levitt, P. C., New York City, of counsel), for appellant Pastor.

Joel A. Brenner, New York City (Gerald L. Shargel, Fischetti & Shargel, New York City, of counsel), for appellant Weiner.

John J. Kenney, Asst. U. S. Atty., New York City (Robert B. Fiske, Jr., U. S. Atty., S. D. N. Y., Henry H. Korn, Robert J. Costello, Robert B. Mazur, T. Barry Kingham, Frederick T. Davis, Asst. U. S. Attys., New York City, of counsel), for appellee.

Before MANSFIELD, VAN GRAAFEILAND, Circuit Judges, and CARTER, District Judge.

MANSFIELD, Circuit Judge:

Appellants Edward Pastor and Martin Weiner were convicted of obtaining and conspiring to obtain controlled substances through false representation and forgery in violation of 21 U.S.C. §§ 843, 846 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (the "Act"), after a trial before a jury and Judge Constance Baker Motley of the Southern District of New York. Pastor was sentenced to concurrent terms of six months and...

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