UNITED STATES v. VARGAS

No. 257, Docket 79-1198.

615 F.2d 952 (1980)

UNITED STATES of America, Appellee, v. Sada VARGAS, a/k/a Zaida Hernandez, Appellant.

United States Court of Appeals, Second Circuit.

Decided February 11, 1980.


Attorney(s) appearing for the Case

Gilbert Epstein, New York City, for appellant.

Dwight L. Greene, Howard W. Goldstein, Asst. U. S. Attys., Southern District of New York, New York City (Robert B. Fiske, Jr., U. S. Atty., Southern District of New York, New York City, of counsel), for appellee.

Before MOORE, OAKES and NEWMAN, Circuit Judges.


OAKES, Circuit Judge:

This appeal from conviction on substantive and conspiracy charges raises a question under Pinkerton v. United States, 328 U.S. 640, 66 S.Ct. 1180, 90 L.Ed. 1489 (1946), about some of the trial court's instructions possibly relating to the substantive count. The case also calls into question applicability of the "concurrent sentence" doctrine, since appellant was sentenced by the United States District Court...

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