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UNITED STATES v. UNDERWOOD

No. 77-1541.

577 F.2d 157 (1978)

UNITED STATES of America, Respondent, Appellee, v. John UNDERWOOD, Petitioner, Appellant.

United States Court of Appeals, First Circuit.

Decided June 23, 1978.

Attorney(s) appearing for the Case

Judith M. Freedman, Boston, Mass. by appointment of the Court, for petitioner, appellant.

William A. Dimitri, Jr., Asst. U.S. Atty., with whom Lincoln C. Almond, U.S. Atty., Providence, R.I., was on brief, for respondent, appellee.

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

COFFIN, Chief Judge.

Appellant was charged in a four count indictment with distributing cocaine on four separate dates. After a jury trial he was found not guilty on counts I and II and guilty on count IV. The jury returned no verdict on count III. In an unpublished per curiam opinion of this court, the conviction on count IV was affirmed, United States v. Underwood, 553 F.2d 91 (1st Cir.1977).

Subsequently appellant brought a petition for relief...

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