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UNITED STATES v. GUERRO

No. 81-1821.

693 F.2d 10 (1982)

UNITED STATES of America, Appellee, v. Thomas A. GUERRO, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided November 17, 1982.

Attorney(s) appearing for the Case

Nelson S. Baker, Boston, Mass., by appointment of the Court, for appellant.

Janis M. Berry, Sp. Atty., U.S. Dept. of Justice, Boston, Mass., with whom William F. Weld, U.S. Atty., and Jeremiah T. O'Sullivan, Sp. Asst. U.S. Atty., Boston, Mass., were on brief, for appellee.

Before COFFIN, Chief Judge, ALDRICH and SWYGERT, Senior Circuit Judges.

BAILEY ALDRICH, Senior Circuit Judge.

On this appeal from a conviction for conspiracy to distribute a controlled substance — phencyclidine (PCP) — in violation of 21 U.S.C. §§ 841(a)(1) & 846, defendant Guerro contends that the evidence did not warrant the court's finding of conspiracy, and, particularly, that the admission of certain statements by an alleged co-conspirator violated Rule 801(d)(2)(E) of the Federal Rules of Evidence and...

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