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UNITED STATES v. RUBIO

Nos. 178, 179, Dockets 82-1162, 82-1164.

709 F.2d 146 (1983)

UNITED STATES of America, Appellee, v. Concepcion RUBIO, a/k/a "Carol Rubio," and Richard Rosado, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided May 24, 1983.

Attorney(s) appearing for the Case

Henry Putzel, III, New York City, for defendant-appellant Rubio.

Gerald J. McMahon, New York City, for defendant-appellant Rosado.

Lesley Oelsner, Asst. U.S. Atty., S.D. N.Y., New York City (John S. Martin, Jr., U.S. Atty., S.D.N.Y., Gerard E. Lynch, Asst. U.S. Atty., New York City, of counsel), for appellee.

Before MESKILL, PIERCE and FAIRCHILD, Circuit Judges.

PIERCE, Circuit Judge:

I. BACKGROUND

On June 5, 1981, Drug Enforcement Administration (DEA) informant Dennis Collazo twice telephoned Concepcion Rubio, a/k/a Carol Rubio, to arrange a meeting between her and Richard Rosado, prospective narcotics buyers, and DEA Special Agent Celerino Castillo, who was posing as a Mexican narcotics seller named "Fernando Cordoba." Unknown to Rubio, the telephone calls originated...

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