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UNITED STATES v. PAGÁN

Cr. No. 411-72.

393 F.Supp. 1395 (1975)

UNITED STATES of America v. Hipolito Cruz PAGÁN et al.

United States District Court, D. Puerto Rico.

April 21, 1975.

Attorney(s) appearing for the Case

José A. Quilés, Asst. U. S. Atty., San Juan, P. R., for plaintiff.

Gino Negretti, Miami, Fla., Joaquín Monserrate Matienzo, Hato Rey, P. R., Roberto De Jesús Cintrón, Río Piedras, P. R., for defendants.

OPINION AND ORDER

PESQUERA, District Judge.

Codefendant, Hipolito Cruz Pagán, has moved to dismiss the indictment or, in the alternative, for severance and separate trial on the count charging him alone with possession with intent to distribute a certain amount of cocaine (count 5 of the indictment), on the ground that presenting to the jury evidence of two different crimes1 will result in a substantial unfairness.

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