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UNITED STATES v. SANTIAGO

No. 77-2021.

582 F.2d 1128 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. Miguel SANTIAGO, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided August 22, 1978.

Attorney(s) appearing for the Case

Ronald A. Himel, Chicago, Ill., for defendant-appellant.

Charles B. Burch, Asst. U. S. Atty., Chicago, Ill., for plaintiff-appellee.

Before PELL and WOOD, Circuit Judges, and SOLOMON, Senior District Judge.

HARLINGTON WOOD, Jr., Circuit Judge.

Defendant Miguel Santiago and three others not involved in this appeal were charged in a one count indictment with the knowing and intentional distribution of heroin in violation of Title 21, United States Code, § 841(a)(1). The defendant was tried separately and convicted by a jury.1

There are three major issues: whether or not the trial judge made a preliminary determination as to the...

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