United States v. Walter Levy

GURFEIN, Circuit Judge:

Walter Levy appeals from a judgment of conviction entered after a jury trial in the Southern District of New York. Levy, along with Fred Bernstein and John Glick, was named in a three-count indictment. Count One charged that the three conspired to violate the federal narcotics law, 21 U.S.C. § 846. Count Two charged that the defendants distributed and possessed with intent to distribute heroin on May 28, 1977, in violation of 21 U.S.C. §§ 841(a)(1), 841(b)(1)(A). Count Three charged Levy and Bernstein with another violation of 21 U.S.C. § 841 on May 29, 1977. Levy was…