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UNITED STATES v. LEVY

No. 866, Docket 78-1010.

578 F.2d 896 (1978)

UNITED STATES of America, Appellee, v. Walter LEVY, Appellant.

United States Court of Appeals, Second Circuit.

Decided June 21, 1978.

Attorney(s) appearing for the Case

Gerald L. Shargel, New York City (Fischetti & Shargel, New York City, of counsel), for appellant.

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

Before MOORE, OAKES and GURFEIN, Circuit Judges.

GURFEIN, Circuit Judge:

Walter Levy appeals from a judgment of conviction entered after a jury trial in the Southern District of New York. Levy, along with Fred Bernstein and John Glick, was named in a three-count indictment. Count One charged that the three conspired to violate the federal narcotics law, 21 U.S.C. § 846. Count Two charged that the defendants distributed and possessed with intent to distribute heroin on May 28, 1977, in violation of 21 U.S.C...

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