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UNITED STATES v. MONTANO

No. 78-5320.

613 F.2d 147 (1980)

UNITED STATES of America, Plaintiff-Appellee, v. Arthuro MONTANO, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided January 4, 1980.

Attorney(s) appearing for the Case

Nicholas Smith, Westland, Mich., for defendant-appellant.

James K. Robinson, U. S. Atty., Samuel C. Damren, Asst. U. S. Atty., Detroit, Mich., for plaintiff-appellee.

Before EDWARDS, Chief Judge, WEICK, Circuit Judge, and PECK, Senior Circuit Judge.

JOHN W. PECK, Senior Circuit Judge.

By indictment filed December 21, 1977, defendant-appellant Arthuro Montano and one Elroy Augustine Garcia were charged with unlawfully possessing with intent to distribute (and with aiding and abetting) a quantity of cocaine in violation of 21 U.S.C. § 841(a)(1) and 21 U.S.C. § 18. Both were found guilty as charged by a jury, and Montano perfected the appeal which is herein dealt with.

Montano's arrest was the...

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