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UNITED STATES v. DONAHUE

No. 75-1416.

560 F.2d 1039 (1977)

UNITED STATES of America, Appellee, v. Scott DONAHUE, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided September 6, 1977.

Attorney(s) appearing for the Case

Harvey R. Peters, Boston, Mass., argued, with whom Paul T. Smith and Jeffrey M. Smith, Boston, Mass, were on brief, for defendant, appellant.

Charles E. Chase, Asst. U. S. Atty., Boston, Mass., argued, with whom James N. Gabriel, U. S. Atty., Boston, Mass, was on brief, for appellee.

Before COFFIN, Chief Judge, CAMPBELL, Circuit Judge.

LEVIN H. CAMPBELL, Circuit Judge.

The indictment in this case charged appellant, Scott Donahue, and codefendant J. Perry Hooker with conspiring to distribute Schedule II controlled substances in violation of 21 U.S.C. §§ 841(a)(1) and 846 and with distributing and aiding and abetting the distribution of the controlled substances in violation of 21 U.S.C. § 841(a)(1) and 18 U.S.C. § 2. Hooker was indicted in 29 counts; Donahue in 19. Tried together...

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