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UNITED STATES v. ZIRPOLO

No. 81-1784.

704 F.2d 23 (1983)

UNITED STATES of America, Appellee, v. Anthony ZIRPOLO, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided April 5, 1983.

Attorney(s) appearing for the Case

Paul P. Caradonna, Everett, Mass., for defendant, appellant.

Vincent L. Gambale, Attorney, Dept. of Justice, Washington, D.C., with whom William F. Weld, U.S. Atty., and Martin D. Boudreau, Sp. Atty., Dept. of Justice, Boston, Mass., were on brief, for appellee.

Before CAMPBELL, Chief Judge, BOWNES, Circuit Judge, and CAFFREY, District Judge.

LEVIN H. CAMPBELL, Chief Judge.

Anthony Zirpolo was convicted of one count of conspiracy to possess and distribute cocaine in violation of 21 U.S.C. §§ 841(a)(1), 846, and three counts of possession and distribution of cocaine in violation of 21 U.S.C. § 841(a)(1) and 18 U.S.C. § 2. On appeal he raises two issues: (1) whether the district court erred by ruling that a former co-defendant who had pled guilty but had not been sentenced could invoke...

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