HOFFMAN, District Judge:
An indictment containing two counts charged Ramon Molina and Robert Molina, the appellant herein and a brother of Ramon Molina, with conspiracy to distribute heroin in the Western District of New York in violation of 21 U.S.C. § 841(a)(1) and 21 U.S.C. § 846. The second count charges Ramon Molina with, on or about August 6, 1977, intentionally distributing 497 grams of heroin in violation of 21 U.S.C. § 841(a)(1), in the Western...
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