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UNITED STATES v. GIBSON

No. 95, Docket 27369.

310 F.2d 79 (1962)

UNITED STATES of America, Appellee, v. Charles GIBSON, Rayburn Hillary and Delmo Walters, Appellants.

United States Court of Appeals Second Circuit.

Decided November 16, 1962.

Attorney(s) appearing for the Case

Leon B. Polsky, New York City (Anthony F. Marra, New York City, on the brief), for appellants Charles Gibson and Rayburn Hillary.

Robert S. Kreindler, New York City, for appellant Delmo Walters.

T. F. Gilroy Daly, Asst. U. S. Atty. Southern District of New York, New York City (Vincent L. Broderick, U. S. Atty. Southern District of New York and Arthur I. Rosett, Asst. U. S. Atty., on the brief), for appellee.

Before LUMBARD, Chief Judge, and SWAN and MOORE, Circuit Judges.

LUMBARD, Chief Judge.

Judge Weinfeld, sitting without a jury, found the defendants Gibson and Walters guilty under 21 U.S.C. §§ 173, 174 of three substantive counts of selling illegally imported narcotics known to be illegally imported, and of a conspiracy count. Each was sentenced to four concurrent five-year terms. Hillary was convicted under 21 U.S.C. § 176a1 of receiving and concealing marihuana which was illegally imported...

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