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UNITED STATES v. DIEN

Nos. 1080 to 1082, Dockets 79-1036, 79-1072 and 79-1075.

609 F.2d 1038 (1979)

UNITED STATES of America, Appellee, v. Donald J. DIEN, Sanford S. Gendler, and Michael E. Dakota, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided October 26, 1979.

Attorney(s) appearing for the Case

Straniere, Fagin, McKenna, Runes & Nachison, New York City, for appellant Dien.

Ronald M. Kleinberg, New York City, for appellant Gendler.

Robert I. Kalina, New York City, for appellant Dakota.

Robert B. Fiske, Jr., U. S. Atty. for the Southern District of New York, New York City, for the United States of America; Mark F. Pomerantz, Howard W. Goldstein, Asst. U. S. Attys., New York City, of counsel.

Before OAKES and MESKILL, Circuit Judges and STEWART, District Judge.

STEWART, District Judge:

Donald J. Dien, Sanford S. Gendler and Michael E. Dakota appeal from judgments of convictions entered in the United States District Court for the Southern District of New York following the acceptance by District Judge Charles L. Brieant, Jr. of their pleas of guilty to the second count of a three-count indictment. Count one charged the appellants with conspiring to distribute and to possess with intent to distribute marihuana, 21 U.S.C. ...

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