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UNITED STATES v. MOSCHIANO

Nos. 81-2017 to 81-2019.

695 F.2d 236 (1982)

UNITED STATES of America, Plaintiff-Appellee, v. Louis MOSCHIANO and Robert Fred Bishop, Defendants-Appellants. In re Stephen M. KOMIE, Respondent-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided November 29, 1982.

Attorney(s) appearing for the Case

Terence F. MacCarthy, Carol Brook (June B. Fournier on the brief) Federal Defender Program, Chicago, Ill., for Moschiano.

Stephen M. Komie, Chicago, Ill., for Bishop.

Robert S. Bailey, Paul Bradley, Allan A. Ackerman, Stephen J. Broussard, Melvin Lewis, James Montgomery, George C. Pontikes, Chicago, Ill., for Komie.

Michele E. Smith, Katherine Goldwasser, Asst. U.S. Attys., Dan K. Webb, U.S. Atty., for plaintiff-appellee.

Julius L. Echeles, Caroline Jaffe, National Ass'n Criminal Defense Lawyers, Chicago, Ill., amicus curiae.

Before CUMMINGS, Chief Judge, GIBSON, Senior Circuit Judge, and CUDAHY, Circuit Judge.

CUDAHY, Circuit Judge.

These consolidated appeals arise out of the joint trial of defendants Louis Moschiano and Robert Fred "Pete" Bishop on charges of conspiracy to distribute heroin (Count One) and distribution of heroin (Count Two) in violation of 21 U.S.C. §§ 841(a)(1), 846 (1976). The jury found Moschiano guilty on both counts but found Bishop guilty only on Count One.1 Moschiano, who asserted at trial a defense of entrapment...

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