UNITED STATES v. SUAREZ

No. 416, Docket 78-1319.

588 F.2d 352 (1978)

UNITED STATES of America, Appellee, v. Luis SUAREZ, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided December 5, 1978.


Attorney(s) appearing for the Case

Ronald E. DePetris, New York City (DePetris & Stewart, New York City, of counsel), for defendant-appellant.

David V. Kirby, Asst. U. S. Atty., Eastern District of New York, Brooklyn, N. Y., (Edward R. Korman, U. S. Atty., and Harvey M. Stone, Asst. U. S. Atty., Eastern District of New York, Brooklyn, N. Y., of counsel), for appellee.

Before LUMBARD, MOORE and GURFEIN, Circuit Judges.


GURFEIN, Circuit Judge:

Luis Suarez was convicted of distribution and conspiracy to distribute heroin, in violation of 21 U.S.C. §§ 841 and 846.

The defendant raises only one issue on appeal. He claims that he should be granted a new trial because of allegedly improper and prejudicial remarks made by the Government during its summation. This claim was considered after trial by the District Court and decided adversely to the appellant. After due consideration...

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