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UNITED STATES v. PENCO

No. 198, Docket 78-1182.

612 F.2d 19 (1979)

UNITED STATES of America, Appellee, v. Giorgio PENCO, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided September 6, 1979.

Attorney(s) appearing for the Case

Gilbert Epstein, New York City, for appellant.

Robert B. Mazur, Asst. U.S. Atty., New York City (Robert B. Fiske, Jr., U.S. Atty. and Howard W. Goldstein, Asst. U.S. Atty., New York City, on the brief), for appellee.

Before FRIENDLY, TIMBERS and VAN GRAAFEILAND, Circuit Judges.

TIMBERS, Circuit Judge:

Appellant Giorgio Penco appeals from a judgment entered May 10, 1978 in the Southern District of New York, after a jury trial before Lee P. Gagliardi, District Judge, convicting him of conspiring to violate the federal narcotics laws (Count One) in violation of 21 U.S.C. § 846 (1976), and distributing cocaine and possessing it with intent to distribute (Count Two) in violation of 21 U.S.C. §§ 812 and 841 (1976).

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