U.S. v. ZACKSON

No. 401, Docket 93-1314.

12 F.3d 1178 (1993)

UNITED STATES of America, Appellee, v. Stephen B. ZACKSON and Henry Acierno, Defendants, Peter LaGatta, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided December 21, 1993.


Attorney(s) appearing for the Case

Paul J. McAllister, New York City, for defendant-appellant.

Geoffrey S. Mearns, Asst. U.S. Atty., E.D.N.Y. (Zachary W. Carter, U.S. Atty., Peter A. Norling, Asst. U.S. Atty., of counsel), for appellee.

Before: McLAUGHLIN, JACOBS and REAVLEY, Circuit Judges.


McLAUGHLIN, Circuit Judge:

Defendant Peter LaGatta appeals from a judgment of conviction entered in the United States District Court for the Eastern District of New York (Raymond J. Dearie, Judge). LaGatta had been indicted for two drug conspiracies, the first involving marijuana, the second, cocaine. Judge Dearie granted a severance motion and ordered two consecutive jury trials.

In the first, the jury found LaGatta guilty of conspiracy to distribute...

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