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U.S. v. FERNANDEZ

No. 86-5139.

822 F.2d 382 (1987)

UNITED STATES of America v. FERNANDEZ, Carlos Eduardo. Appeal of Carlos Eduardo FERNANDEZ.

United States Court of Appeals, Third Circuit.

Decided June 30, 1987.

Attorney(s) appearing for the Case

Herald Price Fahringer (argued), Lipsitz, Green, Fahringer, Poll, Schuller & James, New York City, for appellant.

Louis M. Fischer (argued), Appellate Section, Criminal Division, Washington, D.C., Jerome A. Ballarotto, Paul B. Brickfield, Asst. U.S. Attys., D.N.J., Thomas W. Greelish, U.S. Atty., D.N.J., Donald J. Fay, Newark, N.J., for appellee.

Before SEITZ, BECKER, and MANSMANN, Circuit Judges.

OPINION OF THE COURT

MANSMANN, Circuit Judge.

This appeal arises from a final judgment of conviction of the appellant Carlos Fernandez for his participation in a conspiracy to import and distribute cocaine. Although Fernandez raises a number of contentions,1 we are here primarily concerned with his arguments that conspiracies charged in violation of 21 U.S.C. §§ 846 and 963 may not also serve as predicate acts in the...

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