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UNITED STATES v. PINO

No. 78-5097.

608 F.2d 1001 (1979)

UNITED STATES of America, Appellee, v. Benjamin PINO, Jr., Appellant.

United States Court of Appeals, Fourth Circuit.

Decided November 1, 1979.

Attorney(s) appearing for the Case

James B. Craven, III, Durham, N. C. (Everett, Everett, Creech & Craven, Durham, N. C., on brief), for appellant.

Michael Owens, U.S. Atty. (George M. Anderson, U. S. Atty., Herman E. Gaskins, Jr., Asst. U. S. Atty., and Jane P. Gray, Third Year Law Student, Raleigh, N. C., on brief), for appellee.

Before HAYNSWORTH, Chief Judge, and WINTER and MURNAGHAN, Circuit Judges.

MURNAGHAN, Circuit Judge:

Benjamin Pino, Jr., appellant, and Marshall James Herring were jointly charged with unlawful distribution of heroin in violation of 21 U.S.C. § 841(a)(1) and Title 18 U.S.C. § 2 (the aiding and abetting statute).

A government informant had arranged to purchase heroin from Herring for $600. Not able to locate Herring, the informant approached Pino about Herring's whereabouts. Pino indicated that he knew the terms of the arrangement...

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