UNITED STATES v. BENISH

Crim. No. 73-280.

389 F.Supp. 557 (1975)

UNITED STATES of America, Plaintiff, v. Timothy C. BENISH and Michael Gaich, Defendants.

United States District Court, W. D. Pennsylvania.

February 26, 1975.


Attorney(s) appearing for the Case

Richard L. Thornburgh, U. S. Atty., Pittsburgh, Pa., for plaintiff.

Bertani, Myers & Makoski, Greensburg, Pa., for defendants.


OPINION

DUMBAULD, District Judge.

Defendants, following a non-jury trial, were convicted of the charges contained in Count 2 of the Indictment (but acquitted under Count 1, relating to transactions on a different date). Count 2 charged violation of 21 U.S.C. § 841(a)(1) on or about August 1, 1973, in that defendants distributed 9,886 capsules of "Phendimetrazine, a Schedule III controlled substance." Motions in arrest of judgment, or for new trial,...

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