UNITED STATES v. LEVINE

No. 76-1543.

569 F.2d 1175 (1978)

UNITED STATES of America, Appellee, v. Harry LEVINE, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided February 2, 1978.


Attorney(s) appearing for the Case

Richard L. Dahlen, Boston, Mass., by appointment of the court for appellant.

James E. O'Neil, Asst. U. S. Atty., Boston, Mass., with whom Edward F. Harrington, U. S. Atty., Boston, Mass., was on brief, for appellee.

Before COFFIN, Chief Judge, CAMPBELL and BOWNES, Circuit Judges.


COFFIN, Chief Judge.

Appellant was convicted of conspiring with five other people to possess, and to possess with intent to distribute, cocaine, in violation of 21 U.S.C. § 846. The indictment included, in addition to the conspiracy count, eight substantive counts. Four of these, relating to drugs other than cocaine, were severed prior to trial. Appellant was acquitted of the one substantive count in which he was named. All but one of the other defendants entered...

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