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UNITED STATES v. TANTALO

No. 628, Docket 81-1411.

680 F.2d 903 (1982)

UNITED STATES of America, Appellee, v. Albert TANTALO, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided June 3, 1982.

Attorney(s) appearing for the Case

Paul J. Cambria, Jr., Buffalo, N. Y. (Lipsitz, Green, Fahringer, Roll, Schuller & James, Barbara Davies Eberl, and Stanley J. Sliwa, Buffalo, N. Y., on the brief), for defendant-appellant.

Rosemary G. Roberts, Asst. U. S. Atty., W. D. N. Y. (Roger P. Williams, U. S. Atty., David Rothenberg, Asst. U. S. Atty., W. D. N. Y., Rochester, N. Y., of counsel), for appellee.

Before MESKILL and CARDAMONE, Circuit Judges, and HOLDEN, District Judge.

HOLDEN, District Judge:

The defendant Albert Tantalo presents this appeal on two issues reserved in a negotiated plea agreement at the time he entered a plea of guilty on January 9, 1981 before the late Judge Harold P. Burke. The guilty plea to a single count superseding information which charged the defendant with simple possession of cocaine in violation of 21 U.S.C. § 844(a) was offered and accepted on October 1, 1979. The history of this prosecution from...

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