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UNITED STATES v. DeVAUGN

No. 892, Docket 78-1025.

579 F.2d 225 (1978)

UNITED STATES of America, Appellee, v. Robert DeVAUGN, Appellant.

United States Court of Appeals, Second Circuit.

Decided July 17, 1978.

Attorney(s) appearing for the Case

David J. Gottlieb, New York City (Martin Erdmann, Federal Defenders Services Unit, The Legal Aid Society, New York City, of counsel), for appellant.

David C. Patterson, Asst. U. S. Atty., New York City (Robert B. Fiske, Jr., U. S. Atty. for the Southern District of New York, Richard D. Weinberg, Asst. U. S. Atty., New York City, of counsel), for appellee.

Before MOORE, OAKES and GURFEIN, Circuit Judges.

OAKES, Circuit Judge:

Appellant was both tried and convicted on only one count of heroin distribution in the United States District Court for the Southern District of New York before Vincent L. Broderick, Judge, and a jury.1 The charge was solely a substantive one2 for distribution of 16.45 grams of heroin on June 22, 1976, in violation of 21 U.S.C. §§ 812, 841(a)(1) and 841(b)(1)(A). Appellant's...

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