UNITED STATES v. PIERORAZIO

Nos. 77-1626, 77-1632.

578 F.2d 48 (1978)

UNITED STATES of America v. Frank PIERORAZIO, Appellant. UNITED STATES of America v. Jesse CAPPS, Appellant.

United States Court of Appeals, Third Circuit.

Decided May 31, 1978.


Attorney(s) appearing for the Case

Stanford Shmukler, Philadelphia, Pa., for appellant Pierorazio.

Michael A. Seidman, Philadelphia, Pa., for appellant Capps.

Joel M. Friedman, Philadelphia, Pa., Attorney in Charge, Philadelphia Strike Force, William G. Otis, William C. Brown, Attys., Dept. of Justice, Washington, D.C., for appellee.

Before HUNTER, WEIS and GARTH, Circuit Judges.


OPINION OF THE COURT

GARTH, Circuit Judge:

Defendants Frank Pierorazio and Jesse Capps were charged in a thirteen count indictment with one count of conspiracy to distribute methamphetamine (a Schedule II controlled substance) in violation of 21 U.S.C. § 846, and with several counts1 of violating 21 U.S.C. § 843(b) by using a communication facility to facilitate the felony of possession and distribution of controlled...

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