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UNITED STATES v. ZIEGLER

No. 1183, Docket 78-1130.

583 F.2d 77 (1978)

UNITED STATES of America, Appellee, v. Gary ZIEGLER, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided August 24, 1978.

Attorney(s) appearing for the Case

Robert B. Fiske, Jr., U. S. Atty., New York City (Patricia Anne Williams, Richard D. Weinberg, Howard W. Goldstein, Asst. U. S. Attys., New York City), for United States.

Michael Young, New York City (Goldberger, Feldman & Dubin, New York City), for appellant Ziegler.

Before MESKILL, Circuit Judge, and DUMBAULD and PORT, District Judges.

OPINION

DUMBAULD, District Judge.

Appellant Gary Ziegler was convicted both of conspiracy (Count I) to distribute heroin, and of the substantive offense of distribution (Count II), in violation of 21 U.S.C. § 846, and of 21 U.S.C. § 841(a)(1).1 He was sentenced by Judge Kevin T. Duffy on March 16, 1978, to ten years imprisonment on each count, to run concurrently, to be followed by a special parole term of three years...

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