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UNITED STATES v. FONTANEZ

No. 79-1608.

628 F.2d 687 (1980)

UNITED STATES of America, Plaintiff-Appellee, v. Alberto Cruz FONTANEZ, Defendant-Appellant.

United States Court of Appeals, First Circuit.

Decided August 12, 1980.

Attorney(s) appearing for the Case

Jose C. Aponte, Jr., Santurce, P. R., by appointment of the court for defendant-appellant.

Justo Arenas, Fernandez, Asst. U. S. Atty., Hato Rey, P. R., with whom Raymond L. Acosta, U. S. Atty., San Juan, P. R., was on brief, for plaintiff-appellee.

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

BOWNES, Circuit Judge.

Defendant-appellant, Alberto Cruz Fontanez, appeals a jury conviction of conspiring with his brother,1 Anibal Cruz Fontanez, and others unknown, to possess and distribute approximately 15,000 grams of cocaine (Count I) and using the telephone to facilitate the distribution2 of about 10,000 grams of cocaine (Count II).

Defendant makes three assignments of trial error: (1) the admission...

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