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UNITED STATES v. PEYKO

No. 630, Docket 82-1319.

717 F.2d 741 (1983)

UNITED STATES of America, Appellant, v. Timothy PEYKO, Appellee.

United States Court of Appeals, Second Circuit.

Decided September 14, 1983.

Attorney(s) appearing for the Case

John J. Bergeron, Burlington, Vt. (Kevin G. Bradley, Howard E. VanBenthuysen, Desautels & Bergeron, Inc., Burlington, Vt., of counsel), for appellee.

George J. Terwilliger, III, Asst. U.S. Atty., Burlington, Vt. (George W.F. Cook, U.S. Atty. D.Vt., Burlington, Vt., Peter W. Hall, Asst. U.S. Atty., Rutland, Vt., of counsel), for appellant.

Before FRIENDLY, TIMBERS and WINTER, Circuit Judges.

PER CURIAM:

Defendant Timothy Peyko was charged by information with possession of a controlled substance in violation of 21 U.S.C. § 844(a) (1976). The events that prompted the charge took place in December, 1981. On December 18, an agent of the Drug Enforcement Administration ("DEA") working in Vermont received an anonymous tip that a Timothy Peyko was receiving illegal drugs on a weekly basis via the Federal Express delivery service and sending payments for...

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