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UNITED STATES v. FLEMING

Nos. 81-2002, 81-2003, 81-2626 and 81-2627.

677 F.2d 602 (1982)

UNITED STATES of America, Plaintiff-Appellee, v. Edward FLEMING and Joseph Rolenc, Defendants-Appellants. UNITED STATES of America, Plaintiff-Appellee, v. $10,000 IN U. S. CURRENCY and One 1980 Cadillac, Defendants, Joseph Rolenc, Claimant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided May 10, 1982.

Rehearings Denied June 7, 1982.

Attorney(s) appearing for the Case

Elliott Samuels, Gerald M. Werksman, Chicago, Ill., for defendants-appellants.

Thomas P. Walsh, John L. Sullivan, Frederick H. Branding, Chief, Civ. Div., Asst. U. S. Attys., Dan K. Webb, U. S. Atty., Chicago, Ill., for plaintiff-appellee.

Before CUMMINGS, Chief Judge, SWYGERT, Senior Circuit Judge, and POSNER, Circuit Judge.

CUMMINGS, Chief Judge.

Edward Fleming and Joseph Rolenc were tried jointly on federal drug charges. After a bench trial in which most of the evidence introduced was stipulated testimony from an earlier suppression hearing, Fleming was convicted of possession of 227 grams of a mixture containing cocaine, 21 U.S.C. § 841(a)(1); and Rolenc was convicted of attempted possession of the same mixture with intent to distribute, 21 U.S.C. § 846. Fleming was sentenced...

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