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UNITED STATES v. BREIT

No. 82-5309.

712 F.2d 81 (1983)

UNITED STATES of America, Appellee, v. Calvin W. BREIT, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided July 12, 1983.

Attorney(s) appearing for the Case

Aubrey M. Daniel, III, Washington, D.C. (Trevor W. Swett, III, Williams & Connolly, Washington, D.C., Theodore Krieger, New York City, on brief), for appellant.

William G. Otis, Sp. Asst. U.S. Atty., Patricia A. Kerwin, Asst. U.S. Atty., Richmond, Va. (Elsie L. Munsell, U.S. Atty., Marla L. Graff, Student Asst. to the U.S. Atty., Alexandria, Va., on brief), for appellee.

Before HALL and SPROUSE, Circuit Judges, and TURK, Chief District Judge.

K.K. HALL, Circuit Judge:

Calvin W. Breit (Breit) appeals from his conviction by a jury of conspiracy in violation of 21 U.S.C. § 846 and two counts of possession of cocaine and aiding and abetting the possession of cocaine with intent to distribute in violation of 18 U.S.C. § 2 and 21 U.S.C. § 841(a)(1). On appeal, Breit's primary contention is that the district court erred in denying his motion for a new trial where two jurors lied on voir dire...

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