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U.S. v. McFADDEN

Nos. 92-2265, 92-2340.

13 F.3d 463 (1994)

UNITED STATES of America, Appellee, v. Michael McFADDEN, a/k/a Michael Hughes, Defendant, Appellant. UNITED STATES of America, Appellant, v. Michael McFADDEN, a/k/a Michael Hughes, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided January 18, 1994.

Attorney(s) appearing for the Case

Alan D. Rose with whom Marilee Denelle and Nutter, McClennen & Fish were on brief, for defendant, appellant.

Lon F. Povich, Asst. U.S. Atty., with whom A. John Pappalardo, U.S. Atty., was on brief, for appellee.

Before BREYER, Chief Judge, ALDRICH, Senior Circuit Judge, and McAULIFFE, District Judge.

BAILEY ALDRICH, Senior Circuit Judge.

Defendant was indicted in two counts: Count One, "On or about February 26, 1991, at Boston ... defendant herein did knowingly and intentionally possess with intent to distribute ... cocaine ... in violation of Title 21, United States Code, Section 841(a)(1)." Count Two, "On or about February 26, 1991, at Boston ... defendant herein did knowingly and intentionally use a firearm ... during and in relation to the drug trafficking...

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