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U.S. v. FONTANEZ

No. 1045, Docket 88-1567.

878 F.2d 33 (1989)

UNITED STATES of America, Appellee, v. Martin FONTANEZ, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided June 13, 1989.

Attorney(s) appearing for the Case

Stewart L. Orden, New York City, (Joel Cohen, New York City, of counsel), for defendant-appellant.

Daniel A. Nardello, Asst. U.S. Atty., New York City, (Benito Romano, U.S. Atty. S.D.N.Y., Celia G. Barenholtz, Asst. U.S. Atty., New York City, of counsel) for appellee.

Before VAN GRAAFEILAND, ALTIMARI and MAHONEY, Circuit Judges.

ALTIMARI, Circuit Judge:

Defendant-appellant Martin Fontanez appeals from a judgment of the United States District Court (Judge Charles M. Metzner) convicting him after a jury trial of distributing three glassine envelopes of heroin within 1,000 feet of a school in violation of 21 U.S.C. §§ 812, 841(a)(1), 841(b)(1)(C) and 845a(a) and 18 U.S.C. § 2. On this appeal, Fontanez contends that the district court, by allowing a read-back of testimony and giving...

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