UNITED STATES v. KELLER

No. 79-1792.

624 F.2d 1154 (1980)

UNITED STATES of America v. Kerby K. KELLER, Appellant.

United States Court of Appeals, Third Circuit.

Decided May 23, 1980.


Attorney(s) appearing for the Case

Carmen C. Nasuti (argued), Nasuti & Miller, Philadelphia, Pa., for appellant.

Peter F. Vaira, U. S. Atty., Walter S. Batty, Jr., Asst. U. S. Atty., Chief, Appellate Section, Thomas J. McBride (argued), Asst. U. S. Atty., Philadelphia, Pa., for appellee.

Before HUNTER, HIGGINBOTHAM and SLOVITER, Circuit Judges.


OPINION OF THE COURT

SLOVITER, Circuit Judge.

I.

Appellant, Kerby Keller, was indicted on January 25, 1979, along with four co-defendants, on a charge of conspiracy to distribute Phencyclidine Phosphate (PCP), a Schedule II, non-narcotic controlled substance, in violation of 21 U.S.C. § 841. The conspiracy allegedly ran from October 18 to October 21, 1977. After a four-day jury trial Keller was found guilty and sentenced to a term of three...

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