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UNITED STATES v. FOX

No. 731, Docket 85-1188.

788 F.2d 905 (1986)

UNITED STATES of America, Appellee, v. James FOX, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided April 18, 1986.

Attorney(s) appearing for the Case

Lawrence Besser, Miami, Fla. (Samek & Besser, Miami, Fla., of counsel), for defendant-appellant.

Frank J. Clark III, Asst. U.S. Atty., W.D.N.Y., Buffalo, N.Y. (Salvatore R. Martoche, U.S. Atty., W.D.N.Y., Buffalo, N.Y., of counsel), for appellee.

Before MANSFIELD, MESKILL and PIERCE, Circuit Judges.

MESKILL, Circuit Judge:

This is an appeal from a judgment of the United States District Court for the Western District of New York, Elfvin, J., convicting James Fox of conspiracy to possess, possession with intent to distribute and distribution of cocaine in violation of 21 U.S.C. §§ 841(a)(1) and 846 (1982). Fox's principal claim is that the five and one-half month adjournment between the voir dire and impaneling of the jury violated section 3161...

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