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U.S. v. THOMAS

Nos. 236, 277, Dockets 89-1262, 89-1263.

893 F.2d 482 (1990)

UNITED STATES of America, Appellee, v. Paul THOMAS and Errol MacDonald, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided January 8, 1990.

Attorney(s) appearing for the Case

Stephen Fishbein, Asst. U.S. Atty. (Benito Romano, U.S. Atty. for the S.D.N.Y., Mary Lee Warren, Asst. U.S. Atty., New York City, on the brief), for appellee.

Murray Cutler, Brooklyn, N.Y., for defendant-appellant Paul Thomas.

Noah Lipman, New York City, for defendant-appellant Errol MacDonald.

Before OAKES, Chief Judge, KEARSE and ALTIMARI, Circuit Judges.

KEARSE, Circuit Judge:

Defendants Paul Thomas and Errol MacDonald appeal from final judgments entered in the United States District Court for the Southern District of New York after a jury trial before Robert J. Ward, Judge, convicting each of them on one count of possession with intent to distribute cocaine, in violation of 21 U.S.C. §§ 812 and 841(b)(1)(C) (1982 & Supp. V 1987), id. § 841(a)(1) (1982), and 18 U.S.C. § 2 (1982...

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