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U.S. v. RUBIO

Crim. A. No. 87-12 MMS.

722 F.Supp. 77 (1989)

UNITED STATES of America, Plaintiff, v. Marcelino I. RUBIO, Defendant.

United States District Court, D. Delaware.

September 26, 1989.

Attorney(s) appearing for the Case

Richard G. Andrews, Asst. U.S. Atty., Dept. of Justice, Wilmington, Del., for plaintiff.

Marcelino I. Rubio, pro se.

OPINION

MURRAY M. SCHWARTZ, Senior District Judge.

Petitioner Marcelino I. Rubio was tried in this Court for possession of marijuana with intent to distribute and possession of cocaine with intent to distribute on January 12-13, 1988. He was convicted on the marijuana charge, and the jury was unable to reach a verdict on the cocaine charge. This Court declared a mistrial as to the cocaine charge and Rubio was retried and convicted on that charge in a second...

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