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UNITED STATES v. CRUZ

No. 78-1146.

594 F.2d 268 (1979)

UNITED STATES of America, Appellee, v. Herminio CRUZ, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided March 9, 1979.

Attorney(s) appearing for the Case

Allan A. Ackerman, Chicago, Ill., with whom Ackerman, Durkin & Egan, Chicago, Ill., was on brief, for defendant, appellant.

Walter B. Prince, Asst. U. S. Atty., Boston, Mass., with whom Edward F. Harrington, U. S. Atty., Boston, Mass., was on brief, for appellee.

Before COFFIN, Chief Judge, CAMPBELL and BOWNES, Circuit Judges.

BOWNES, Circuit Judge.

The procedural aspects of this case are a little out of the ordinary. Defendant-appellant, Herminio Cruz, appeals his conviction by the district court sitting without a jury of conspiracy to possess with intent to distribute and distribution of heroin in violation of 21 U.S.C. § 841(a)(1) and § 846. Appellant was indicted, along with eight codefendants, on a one count conspiracy charge. All eight codefendants pleaded guilty prior to...

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