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U.S. v. PIVA

No. 87-1871.

870 F.2d 753 (1989)

UNITED STATES of America, Appellee, v. Joseph PIVA, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided March 21, 1989.

Attorney(s) appearing for the Case

Elizabeth A. Lunt with whom Norman S. Zalkind, by appointment of the Court, and Zalkind, Sheketoff, Homan, Rodriguez & Lunt, Boston, Mass., were on brief, for defendant, appellant.

R.J. Cinquegrana, Asst. U.S. Atty., with whom Frank L. McNamara, Jr., U.S. Atty., Boston, Mass., was on brief, for appellee.

Before COFFIN and SELYA, Circuit Judges, and ACOSTA, District Judge.

ACOSTA, District Judge.

Joseph Piva ("appellant") appeals from his conviction of conspiracy to distribute more than one thousand pounds of marijuana. He argues that the trial court erred (1) in instructing the jury on the defense of withdrawal from the conspiracy and (2) in allowing a state police officer to repeat statements made to him by one of appellant's co-conspirators, Anthony Pacheco ("Pacheco"), who subsequently became a government informant. Because we find...

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