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U.S. v. OBIALO

No. 93-1648.

23 F.3d 69 (1994)

UNITED STATES of America, v. Sunday OBIALO, Appellant.

United States Court of Appeals, Third Circuit.

Decided April 28, 1994.

Attorney(s) appearing for the Case

Maureen Kearney Rowley, Chief Federal Defender, Elaine DeMasse, Asst. Federal Defender, Sr. Appellate Counsel, David L. McColgin (argued), Asst. Federal Defender, Defender Assn. of Philadelphia, Philadelphia, PA, for appellant.

Michael J. Rotko, U.S. Atty., Walter S. Batty, Jr., Asst. U.S. Atty., Chief of Appeals, Linwood C. Wright, Jr. (argued), Asst. U.S. Atty., Philadelphia, PA, for appellee.

Before: SLOVITER, Chief Judge, ALITO, Circuit Judge and PARELL, District Judge.

OPINION OF THE COURT

SLOVITER, Chief Judge.

Appellant Sunday Obialo challenges his conviction and sentence after a jury trial in which he was convicted of conspiracy to possess with intent to distribute heroin in violation of 21 U.S.C. § 846 (1988), and possession with intent to distribute heroin in violation of 21 U.S.C. § 841(a)(1) (1988) and 18 U.S.C. § 2 (1988). Obialo's challenge to his conviction on the substantive count of possession...

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