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U.S. v. GIBBS

No. 86-1370.

813 F.2d 596 (1987)

UNITED STATES of America v. GIBBS, Stephen a/k/a "Jake". Appeal of Stephen GIBBS.

United States Court of Appeals, Third Circuit.

Decided March 2, 1987.

Rehearing and Rehearing Denied March 27, 1987.

Attorney(s) appearing for the Case

Martin G. Weinberg (argued), Lillian A. Wilmore, Oteri, Weinberg & Lawson, Boston, Mass., Thomas Colas Carroll, Carroll & Carroll, Philadelphia, Pa., for appellant.

Edward S.G. Dennis, Jr., U.S. Atty., Walter S. Batty, Jr., Asst. U.S. Atty, Chief of Appeals, Seth Weber (argued), Asst. U.S. Atty., Philadelphia, Pa., for appellee.

Before ALDISERT, Chief Judge, and WEIS and MANSMANN, Circuit Judges.

Rehearing and Rehearing In Banc Denied March 27, 1987.

OPINION OF THE COURT

MANSMANN, Circuit Judge.

This appeal requires us to consider whether the defendant's indictment for federal narcotics violations under 21 U.S.C. § 846 and § 841(a) provided him with notice to support the imposition of an enhanced penalty provision under § 841(b)(6) for possession with intent to distribute in excess...

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