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U.S. v. GORE

Docket No. 97-1027.

154 F.3d 34 (1998)

UNITED STATES of America, Appellee, v. Andre GORE, aka Sha; Kwaun Counts; Danny Johnson; Arnold Craig Mullins, aka Fruit, aka Ronald Davis; Julius Holloway, aka Kenneth Robinson, aka Bill Hayes; Corey Roche, aka Jeffrey L. Preston, aka Cory Williams, aka Kasheen Roche; James Brown; Elliot Hernandez; Dwight Hughes, Joseph Lane; Andre Moore; Jose Rolon; Jamade Humbert; Kareem Billups, aka Beebo; Sean Billups, aka Sean Tedder; Sharnseearay Goddard, aka Diana Brassell; Reno Lyons; Reginald Rice; Tauheedah Walker; Edward Curtis Barnes, aka FNU LNU John Doe, aka Norman Flick; Willie L. Tedder, aka Ike, Alfredo Cohoon, Defendants, Harvey Wells, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided August 21, 1998.

Attorney(s) appearing for the Case

David A. Lewis, New York City (Henriette D. Hoffman, The Legal Aid Society, Federal Defender Division, Appeals Bureau, New York City, of counsel), for Defendant-Appellant.

Bernard J. Malone, Jr., Assistant United States Attorney, Albany, NY (Thomas J. Maroney, United States Attorney for the Northern District of New York, Donald T. Kinsella, Assistant United States Attorney, Albany, NY, of counsel), for Plaintiff-Appellee.

Before: OAKES, PARKER and WOOD, Circuit Judges.

PARKER, Circuit Judge:

Defendant Harvey Wells ("Wells") appeals from a judgment of conviction and sentence entered January 6, 1997, in the United States District Court for the Northern District of New York (Frederick J. Scullin, Judge) following a trial by jury. Wells was convicted of: (i) engaging in a criminal conspiracy to distribute heroin, in violation of 21 U.S.C. § 846; (ii) the distribution of heroin on July 13, 1995, in violation of 21 U.S.C....

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