UNITED STATES v. ROSARIO

No. 959, Docket 79-1356.

638 F.2d 460 (1980)

UNITED STATES of America, Appellee, v. Victor ROSARIO, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided November 3, 1980.


Attorney(s) appearing for the Case

Mel A. Sachs, New York City, for defendant-appellant.

Diane F. Giacalone, Asst. U. S. Atty., Brooklyn, N. Y. (Edward R. Korman, U. S. Atty. for the Eastern Dist. of New York, Miles M. Tepper, Asst. U. S. Atty., Brooklyn, N. Y., on brief), for appellee.

Before VAN GRAAFEILAND and NEWMAN, Circuit Judges, and GOETTEL, District Judge.


VAN GRAAFEILAND, Circuit Judge:

Appellant was convicted, after a plea of guilty in the United States District Court for the Eastern District of New York, of knowingly and intentionally possessing with the intent to distribute approximately one-eighth of a kilogram of cocaine. The cocaine was found in appellant's apartment when Drug Enforcement Administration agents searched it with his consent. At the time of the plea, it was agreed that appellant preserved his right...

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