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UNITED STATES v. LUNA

Nos. 77-1288 to 77-1290.

585 F.2d 1 (1978)

UNITED STATES of America, Appellee, v. Felix German LUNA, Defendant, Appellant. UNITED STATES of America, Appellee, v. Wilberto LUNA, Defendant, Appellant. UNITED STATES of America, Appellee, v. Hipolito CRUZ, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided May 12, 1978.

Certiorari Denied October 2, 1978.

Attorney(s) appearing for the Case

Edward M. Altman, Cambridge, Mass., for Felix German Luna, defendant, appellant.

Richard A. Gordon, Brookline, Mass., for Wilberto Luna, defendant, appellant.

Robert Y. Murray and Moulton & Looney, Boston, Mass., on brief, for Hipolito Cruz, defendant, 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.

Hipolito Cruz, Felix Luna, and Wilberto Luna were charged in Count I of an indictment with conspiring to distribute heroin between March 8, 1976 and April 19, 1976. Count II of the indictment accused Cruz and Felix Luna of distributing heroin on March 8, 1976. Wilberto Luna was charged in Count III with distributing heroin on April 19, 1976. After a jury trial Cruz and Felix Luna were found guilty on Counts I and II. Wilberto Luna was acquitted...

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