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U.S. v. AZUBIKE

No. 06-2255.

504 F.3d 30 (2007)

UNITED STATES of America, Appellee, v. Franklin C. AZUBIKE, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided September 21, 2007.

Attorney(s) appearing for the Case

James H. Budreau for the appellant.

James F. Lang, with whom, Michael J. Sullivan, United States Attorney, and Cynthia A. Young, Assistant U.S. Attorney, were on brief, for the appellee.

Before BOUDIN, Chief Judge, TORRUELLA and DYK, Circuit Judges.

DYK, Circuit Judge.

After a jury trial in the United States District Court for the District of Massachusetts, appellant Franklin Azubike ("Azubike") was found guilty of (1) conspiring to possess with intent to distribute heroin in violation of 21 U.S.C. § 846, and (2) possessing heroin with intent to distribute in violation of 21 U.S.C. § 841. He asserts that the trial court erred in failing to grant his motion for judgment of acquittal. Alternatively, Azubike...

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