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UNITED STATES v. MERLINO

No. 77-5708.

595 F.2d 1016 (1979)

UNITED STATES of America, Plaintiff-Appellee, v. Frank J. MERLINO, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied July 30, 1979.

Attorney(s) appearing for the Case

Richard M. Gale, Michael A. Masin, Michael J. Rosen, Miami, Fla., for defendant-appellant.

Jack V. Eskenazi, U. S. Atty., Stephen M. Pave, Linda Collins Hertz, Asst. U. S. Attys., Miami, Fla., for plaintiff-appellee.

Before BROWN, Chief Judge, TUTTLE and THORNBERRY, Circuit Judges.

TUTTLE, Circuit Judge:

This appeal from a conviction on one count of possession of a controlled substance with intent to distribute and on another count for distribution of a controlled substance in violation of 21 U.S.C. § 841(a)(1) urges primarily prosecutorial misconduct as a basis for reversing. It also attacks consecutive sentences where it is alleged that the one act of distribution of a controlled substance will also support a sentence of possession with...

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