U.S. v. HOWARD

Nos. 8, 9 and 45, Dockets 91-1534, 91-1630CON and 91-1631.

998 F.2d 42 (1993)

UNITED STATES of America, Appellee, v. Lehman HOWARD, also known as Slim, Joseph Koontz, Defendants-Appellants. UNITED STATES of America, Appellee, v. Rafael SANTANA, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided March 31, 1993.


Attorney(s) appearing for the Case

Anthony E. Kaplan, Asst. U.S. Atty., New Haven, CT (Albert S. Dabrowski, U.S. Atty., D. Conn., of counsel), for appellee.

Shelley R. Sadin, Bridgeport, CT (David P. Atkins, Zeldes, Needle & Cooper, P.C., of counsel), for defendant-appellant Joseph Koontz.

John T. Walkley, Trumbull, CT, for defendant-appellant Lehman Howard.

Diane Polan, New Haven, CT (Williams & Wise, of counsel), for defendant-appellant Rafael Santana.

Before: MINER, ALTIMARI and WALKER, Circuit Judges.


WALKER, Circuit Judge:

Defendants-appellants Lehman Howard, Joseph Koontz and Rafael Santana were charged under a single indictment arising from their joint conspiracy to steal and later distribute a quantity of cocaine. Count one charged the three defendants with conspiring to violate 21 U.S.C. §§ 841(a)(1) and 841(b)(1)(B)(ii)(II) by possessing with intent to distribute five hundred grams or more of cocaine, in violation of 21 U.S.C. § 846. Count...

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