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UNITED STATES v. SPERLING

No. 237, Docket 76-1269.

560 F.2d 1050 (1977)

UNITED STATES of America, Plaintiff-Appellee, v. Herbert SPERLING, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided June 13, 1977.

As Amended on Rehearing Granted August 26, 1977.

Attorney(s) appearing for the Case

Herbert Sperling, pro se.

Robert B. Fiske, Jr., U. S. Atty., S. D. N. Y., New York City (John S. Siffert and Audrey Strauss, Asst. U. S. Attys., New York City, of counsel), for plaintiff-appellee.

Before WATERMAN and VAN GRAAFEILAND, Circuit Judges, and MOTLEY, District Judge.

WATERMAN, Circuit Judge:

We are asked to decide whether after a trial upon a single indictment containing several counts the imposition of dual punishments for violations of both the conspiracy and continuing criminal enterprise provisions of the Comprehensive Drug Abuse Prevention and Control Act of 1970, 21 U.S.C. §§ 846 and 848, respectively, arising out of the defendant's leadership of a large conspiratorial...

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