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UNITED STATES v. BROWN

No. 921, Docket 78-1009.

582 F.2d 197 (1978)

UNITED STATES of America, Appellee, v. Mack BROWN, Jr., Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided August 7, 1978.

Certiorari Denied October 16, 1978.

Attorney(s) appearing for the Case

Robert J. Jossen, Asst. U.S. Atty. S. D. N.Y., New York City (Robert B. Fiske, Jr., U.S. Atty., Henry H. Korn, Asst. U.S. Atty., New York City, of counsel), for appellee.

Leon R. Port, Brooklyn, N.Y. (Port & Port, Brooklyn, N.Y., of counsel), for defendant-appellant.

Before MOORE, OAKES and GURFEIN, Circuit Judges.

Certiorari Denied October 16, 1978. Sec 99 S.Ct. 289.

MOORE, Circuit Judge:

Mack Brown, Jr. appeals from a judgment of conviction entered on December 2, 1977, after a jury trial, of distributing approximately one-eighth kilogram of heroin on February 24, 1976 in violation of 21 U.S.C. §§ 812, 841(a)(1) and 841(b)(1)(A). Brown also appeals from an order, entered on the same date, denying his motion for a new trial on the basis of newly discovered...

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