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U.S. v. MITRO

Nos. 88-1747, 88-1751.

880 F.2d 1480 (1989)

UNITED STATES of America, Appellee, v. Paul A. MITRO, Defendant, Appellant. UNITED STATES of America, Appellee, v. Richard J. DELCOURT, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided July 28, 1989.

Attorney(s) appearing for the Case

Joseph M. Flak, Boston, Mass., for defendant, appellant Richard J. delcourt.

Thomas P. McCusker, Jr., with whom Law Offices of James J. McCusker, Boston, Mass., was on brief, for defendant, appellant Paul A. Mitro.

Gary S. Katzmann, Asst. U.S. Atty., with whom Jeremiah T. O'Sullivan, U.S. Atty., Boston, Mass., and Robert B. Ellard, Sp. Asst. U.S. Atty., Kingston, N.H., were on brief for the U.S.

Before CAMPBELL, Chief Judge, BREYER and SELYA, Circuit Judges.

LEVIN H. CAMPBELL, Chief Judge.

Defendants, Paul Mitro and Richard Delcourt, entered conditional pleas of guilty pursuant to Fed.R.Crim.P. 11(a)(2) to possession with intent to distribute diazepam and conspiracy to possess with intent to distribute diazepam in violation of 21 U.S.C. §§ 841(a)(1), 846 (1982). Delcourt also entered a conditional plea of guilty to the unlawful use of a telephone in violation of 21 U.S.C. § 843(b) (1982). They appeal from...

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