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UNITED STATES v. BABBITT

Nos. 82-1011, 82-1028.

683 F.2d 21 (1982)

UNITED STATES of America, Appellee, v. Charles BABBITT, Defendant, Appellant. UNITED STATES of America, Appellee, v. Ismael SANTIAGO, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided July 22, 1982.

Attorney(s) appearing for the Case

Ira L. Schreiber, Providence, R. I., with whom William L. Bernstein, Providence, R. I., was on brief, for defendant, appellant, Charles Babbitt.

Edward C. Clifton, Providence, R. I., with whom Stone, Clifton & Clifton, Providence, R. I., was on brief, for defendant, appellant, Ismael Santiago.

James E. O'Neil, Asst. U. S. Atty., Providence, R. I., with whom Lincoln C. Almond, U. S. Atty., Providence, R. I., was on briefs, for appellee.

Before COFFIN, Chief Judge, ROSENN, Senior Circuit Judge, and BOWNES, Circuit Judge.

COFFIN, Chief Judge.

These two appellants, Babbitt and Santiago, were convicted of possession with intent to distribute, and of distribution of cocaine on March 5, 1981 under count one of the indictment. Appellant Santiago was also convicted under count two of similar offenses occurring on April 2, 1981.

The essential facts are that, after considerable solicitation by an informer at the behest of a Drug Enforcement Agent, Babbitt on March 5, 1981, at his place...

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