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UNITED STATES v. MENICHINO

No. 73-2511.

497 F.2d 935 (1974)

UNITED STATES of America, Plaintiff-Appellee, v. Andrew Carmen MENICHINO, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

July 29, 1974.

Attorney(s) appearing for the Case

Gerald A. Messerman, Cleveland, Ohio, for defendant-appellant.

Robert W. Rust, U.S. Atty., Barbara E. Vicevich, Asst. U.S. Atty., Samuel Sheres, Sp. Atty., Dept. of Justice, Miami, Fla., for plaintiff-appellee.

Before RIVES, WISDOM and MORGAN, Circuit Judges.

WISDOM, Circuit Judge:

Andrew Menichino appeals his conviction and the sentence imposed after a jury brought in a verdict of guilty against the defendant on charges of conspiracy and importing and possessing with intent to distribute a Schedule II narcotic controlled substance (cocaine). Menichino first asserts that several incriminating statements he allegedly made after he was arrested were allowed in evidence in violation of the strictures set out in Miranda v...

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