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UNITED STATES v. DIAZ

No. 988, Docket 78-1109.

577 F.2d 821 (1978)

UNITED STATES of America, Appellee, v. Mario DIAZ, Appellant.

United States Court of Appeals, Second Circuit.

Decided June 27, 1978.

Attorney(s) appearing for the Case

Ivan S. Fisher, New York City (Joseph H. Adams, New York City, of counsel), for appellant.

Sarah S. Gold, Asst. U. S. Atty., New York City (Robert B. Fiske, Jr., U. S. Atty., S. D. N. Y., and Richard D. Weinberg, Asst. U. S. Atty., New York City, of counsel), for appellee.

Before FRIENDLY and TIMBERS, Circuit Judges, and HOFFMAN, District Judge.

FRIENDLY, Circuit Judge:

Mario Diaz appeals from a judgment of the District Court for the Southern District of New York convicting him, after a trial, on three counts of an indictment. The first count charged Diaz with conspiring to distribute heroin and to possess heroin with intent to distribute it, in violation of 21 U.S.C. § 846. The two other counts charged him with the substantive crimes of distribution of and possession with intent to distribute heroin...

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