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UNITED STATES v. BURGOS

Nos. 984, 930, Dockets 78-1018, 78-1019.

579 F.2d 747 (1978)

UNITED STATES of America, Appellee, v. Alvaro BURGOS and John Burgos, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided July 20, 1978.

Attorney(s) appearing for the Case

Peter J. Byrnes, Mineola, N. Y., for defendant-appellant Alvaro Burgos.

Irving Anolik, New York City, for defendant-appellant John Burgos.

Marc Marmaro, Asst. U. S. Atty., New York City (Robert B. Fiske, Jr., U. S. Atty., for S. D. New York; Richard D. Weinberg, Asst. U. S. Atty., New York City, of counsel), for appellee.

Before KAUFMAN, Chief Judge, and MULLIGAN and VAN GRAAFEILAND, Circuit Judges.

VAN GRAAFEILAND, Circuit Judge:

John Burgos, Alvaro Burgos, and Herbert Quiceno were convicted of conspiracy to distribute or to possess with intent to distribute 3788 grams of cocaine, in violation of 21 U.S.C. §§ 841 and 846. John and Alvaro have appealed. We affirm as to Alvaro and reverse as to John.

On the evening of May 25, 1977, Special Agent Lopez of the Drug Enforcement Administration and Umberto Trujillo, a confidential informant, met Quiceno...

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