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UNITED STATES v. MADONNA

No. 1106, Docket 78-1131.

582 F.2d 704 (1978)

UNITED STATES of America, Appellee, v. Matthew MADONNA, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided September 1, 1978.

Attorney(s) appearing for the Case

Gustave H. Newman, New York City, for defendant-appellant.

John P. Flannery II, Asst. U. S. Atty., S. D. New York, New York City (Robert B. Fiske, Jr., U. S. Atty., Richard D. Weinberg, Asst. U. S. Atty., S. D. New York, New York City, of counsel), for the United States of America.

Before MESKILL, Circuit Judge, and DUMBAULD and PORT, District Judges.

PER CURIAM:

This is an appeal from an order entered in the United States District Court for the Southern District of New York, Robert L. Carter, Judge, denying appellant Matthew Madonna's Rule 35 motion to vacate or reduce a 30-year sentence imposed for violation of federal narcotics laws.

Appellant was indicted and convicted on two counts. Count One was for conspiracy to distribute, to possess with intent to distribute, and to import heroin, 21 U.S...

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