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UNITED STATES v. HELLMAN

No. 76-3716 Summary Calendar.

560 F.2d 1235 (1977)

UNITED STATES of America, Plaintiff-Appellee, v. Eli H. HELLMAN, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

October 14, 1977.

Attorney(s) appearing for the Case

Theodore J. Sakowitz, Federal Public Defender, Paul M. Korchin, Asst. Federal Public Defender, Miami, Fla., for defendant-appellant.

Jack V. Eskenazi, U. S. Atty., Karen L. Atkinson, Michael P. Sullivan, Asst. U. S. Attys., Miami, Fla., for plaintiff-appellee.

Before THORNBERRY, RONEY and HILL, Circuit Judges.

PER CURIAM:

The Government has confessed error in this conviction of conspiracy, distribution of 6½ grams of cocaine, and possession thereof with intent to distribute. We therefore reverse the conviction and remand for a new trial.

The Government and the defense had entered into a lengthy stipulation to the effect that "if the Government were to have called various witnesses, they would have testified as set forth in the stipulation."

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