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UNITED STATES v. MONTOYA

No. 79-1940.

612 F.2d 792 (1980)

UNITED STATES of America v. John Angel MONTOYA, Appellant.

United States Court of Appeals, Third Circuit.

Decided January 11, 1980.

Attorney(s) appearing for the Case

David A. Ruhnke, Asst. Federal Public Defender, Dist. of New Jersey, Newark, N. J., for appellant.

Maryanne T. Desmond, Asst. U. S. Atty., Chief, Appeals Div., Robert J. Del Tufo, U. S. Atty., Kenneth N. Laptook, Asst. U. S. Atty. (on the brief), Newark, N. J., for appellee.

Before ADAMS, ROSENN and SLOVITER, Circuit Judges.

Submitted Under Third Circuit Rule 12(6) December 12, 1979.

OPINION OF THE COURT

SLOVITER, Circuit Judge.

Appellant Montoya was indicted for conspiracy to possess, with intent to distribute, and to distribute cocaine, in violation of 21 U.S.C. §§ 841(a)(1) and 846 (Count 1); possession with intent to distribute cocaine in violation of 21 U.S.C. § 841(a)(1) and 18 U.S.C. § 2 (Counts 2, 3, 5 and 6), and interstate travel for the...

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