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UNITED STATES v. WOLK

July 31, 1975

UNITED STATES of America
v.
Robert WOLK



The opinion of the court was delivered by: BRODERICK

 BRODERICK, District Judge.

 This matter comes before the Court on the defendant's Motion for a New Trial or, in the alternative, for a Judgment of Acquittal after a jury verdict of guilty on the count charged in the indictment. The count upon which the defendant was found guilty is as follows:

 
COUNT I: That from on or about October 26, 1973, up to and including February 15, 1974, in the Eastern District of Pennsylvania, and elsewhere
 
ANTHONY MERLINO, a/k/a
 
TONY
 
ANN MERLINO
 
ALBERT CARTER, a/k/a Al
 
JOEL BARBALOCK
 
KENNETH COOPER
 
ROBERT WOLK
 
WILLIAM CASPERSON
 
JOSEPH CROGHAN
 
MARGARET DEL CONTE, a/k/a
 
MAGGIE
 
defendants herein, and Joseph McCreary, a/k/a Big Joe, Edward J. Troise, Jr., Mark A. Hirsch, Richard Erwin, a/k/a Richie, Maurice Altamuro, a/k/a Moe, Stuart Kellerman, Richard Bear, a/k/a Alfie, Miles Taylor, named as co-conspirators but not as defendants herein, wilfully, knowingly, and intentionally did combine, conspire, confederate and agree together, with each other and with diverse other persons whose names are to the Grand Jury known and unknown, to manufacture, distribute, dispense and possess, with intent to manufacture, distribute and dispense, methamphetamine, amphetamine, cocaine, pentabarbital, phexcyclidine and other controlled substances, as listed in the Schedule of Controlled Substances in Title 21, United States Code, Section 812, in violation of Title 21, United States Code, Section 841(a)(1).

 Robert Wolk was tried alone on this count since all the other named conspirators, with the exception of William Casperson, whose trial was severed, *fn1" had previously pleaded guilty ...


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