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U.S. v. FERNANDEZ

No. 90-5439.

916 F.2d 125 (1990)

UNITED STATES of America v. Carlos Eduardo FERNANDEZ. Appeal of Carlos FERNANDEZ.

United States Court of Appeals, Third Circuit.

Decided October 18, 1990.

Attorney(s) appearing for the Case

Martin L. Schmukler, New York City, for appellant.

Michael Chertoff, U.S. Atty., Edna Ball Axelrod, Chief, Appeals Div., Eric L. Muller, Asst. U.S. Atty., for appellee.

Before GREENBERG, HUTCHINSON, and COWEN, Circuit Judges.

Submitted under Third Circuit Rule 12(6) October 9, 1990.

OPINION

GREENBERG, Circuit Judge.

This matter is before the court on an appeal by Carlos Fernandez from an order dated May 21, 1990, and entered May 24, 1990, in this criminal case. The circumstances leading to this appeal are as follows.

At a jury trial in 1985 Fernandez was convicted of: (1) conspiracy to distribute and possess cocaine with intent to distribute, 21 U.S.C. §...

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