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UNITED STATES v. ROSS

No. 1093, Docket 82-1441.

719 F.2d 615 (1983)

UNITED STATES of America, Plaintiff-Appellee, v. Martin ROSS, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided October 13, 1983.

Attorney(s) appearing for the Case

David Liebov, Sp. Asst. U.S. Atty., S.D. N.Y., New York City (John S. Martin, Jr., U.S. Atty., S.D.N.Y., Walter P. Loughlin, Asst. U.S. Atty., New York City, of counsel), for plaintiff-appellee.

Jay Goldberg, New York City (Sheryl Reich, New York City, of counsel), for defendant-appellant.

Before FRIENDLY, WINTER and PRATT, Circuit Judges.

GEORGE C. PRATT, Circuit Judge:

Martin Ross appeals from his conviction in the United States District Court for the Southern District of New York on a single misdemeanor count of possessing 1/80 of an ounce of cocaine in violation of 21 U.S.C. § 844 (1976). He was fined $2,500 and given a split sentence requiring him to serve two months in prison and three years on probation.

Ross argues that the district judge erred in instructing the jury that D-cocaine...

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