U.S. v. MATIAS

Nos. 1381, 1324, Dockets 87-1005, 87-1006.

836 F.2d 744 (1988)

UNITED STATES of America, Appellee, v. Miguel MATIAS, Sr., Jose Caraballo, Miguel Matias, Jr., Frankie Matias, Luis Garcia, Defendants, Miguel Matias, Sr., and Jose Caraballo, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided January 5, 1988.


Attorney(s) appearing for the Case

Maurice H. Sercarz, Sercarz, Schechter & Lopez, Brooklyn, N.Y., for defendant-appellant Miguel Matias, Sr.

Norman Corenthal, New York City, for defendant-appellant Jose Caraballo.

Emily Berger, Asst. U.S. Atty., E.D.N.Y., Brooklyn, N.Y. (Andrew J. Maloney, U.S. Atty., E.D.N.Y., Brooklyn, N.Y., David V. Kirby, Debra D. Newman, Asst. U.S. Attys., of counsel), for appellee.

Before WINTER and MAHONEY, Circuit Judges, and STEWART, District Judge.


WINTER, Circuit Judge:

Miguel Matias, Sr. and Jose Caraballo were convicted after a jury trial before Judge Wexler of conspiracy to manufacture and to possess cocaine hydrochloride in violation of 21 U.S.C. §§ 846, 841(a)(1) and 841(b)(1) (1982 & Supp. IV 1986), and possession with intent to distribute cocaine hydrochloride in violation of 21 U.S.C. §§ 841(a)(1), 841(b)(1) and 18 U.S.C. § 2 (1982...

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