UNITED STATES v. BEY

No. 83-1775.

736 F.2d 891 (1984)

UNITED STATES of America, Appellee, v. Gabriel BEY, Appellant.

United States Court of Appeals, Third Circuit.

Decided June 11, 1984.


Attorney(s) appearing for the Case

Edward H. Weis (argued), Defender Ass'n of Philadelphia, Philadelphia, Pa., for appellant.

Edward S.G. Dennis, Jr., U.S. Atty., Walter S. Batty, Jr., Asst. U.S. Atty., Chief of Appeals, John F. Sutphen (argued), Sp. Asst. U.S. Atty., Philadelphia, Pa., for appellee.

Before ADAMS and BECKER, Circuit Judges, and SAROKIN, District Judge.


OPINION OF THE COURT

ADAMS, Circuit Judge.

This is an appeal from convictions under the Comprehensive Drug Abuse Prevention and Control Act of 1970 (Controlled Substances Act), 21 U.S.C. §§ 841(a)(1), 846 (1982), and the federal aiding and abetting statute, 18 U.S.C. § 2 (1982). Two primary issues are presented. First, we must consider whether the district court erred as a matter of law in refusing to charge the jury that § 846 requires...

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