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U.S. v. MARTINEZ

No. 164, Docket 94-1082.

44 F.3d 148 (1995)

UNITED STATES of America, Appellee, v. Ramon MARTINEZ, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided January 4, 1995.

Attorney(s) appearing for the Case

Mark B. Gombiner, New York City (Legal Aid Soc., New York City, on the brief), for defendant-appellant.

James A. Goldston, Asst. U.S. Atty., New York City (Mary Jo White, U.S. Atty., David B. Fein, Asst. U.S. Atty., New York City, on the brief), for appellee.

Before: NEWMAN, Chief Judge, WALKER and CALABRESI, Circuit Judges.

JON O. NEWMAN, Chief Judge:

This appeal presents a close question concerning the sufficiency of the evidence in a narcotics distribution case. The precise issue is whether a defendant, clearly guilty of drug possession, has been properly convicted of possession with intent to distribute where the evidence showed that he possessed 3½ grams of cocaine and the only evidence of his intent to distribute this small quantity...

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