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U.S. v. SERPOOSH

Nos. 402, 403, Dockets 90-1362, 90-1363.

919 F.2d 835 (1990)

UNITED STATES of America, Appellee, v. Amir SERPOOSH, Zaer John, Pervez Qureshi, Afrin Yousefzai and Ahmad Soltani, Defendants, Pervez QURESHI and Afrin Yousefzai, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided November 27, 1990.

Attorney(s) appearing for the Case

Abraham L. Clott, New York City (The Legal Aid Society, New York City, of counsel), for defendant-appellant Pervez Qureshi.

Howard L. Jacobs, New York City, for defendant-appellant Afrin Yousefzai.

Burton T. Ryan, Jr., Asst. U.S. Atty. for the Eastern District of New York (Andrew J. Maloney, U.S. Atty. for the Eastern District of New York, David C. James, Asst. U.S. Atty., of counsel), for appellee.

Before OAKES, Chief Judge, PIERCE and WINTER, Circuit Judges.

WINTER, Circuit Judge:

Pervez Qureshi and Afrin Yousefzai appeal from judgments convicting them of narcotics conspiracy and possession with intent to distribute heroin. Shortly before trial, appellants moved for severance on the ground that their defenses would be so mutually antagonistic that trying them together would deny each his right to a fair trial. We believe the motions should have been granted and reverse.

BACKGROUND

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