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LEVIN v. UNITED STATES

No. 4310.

5 F.2d 598 (1925)

LEVIN et al. v. UNITED STATES.

Circuit Court of Appeals, Ninth Circuit.

May 11, 1925.

Attorney(s) appearing for the Case

Edgar C. Levey and Harry A. Encell, both of San Francisco, Cal. (John L. McNab and Bert Schlesinger, both of San Francisco, Cal., of counsel), for plaintiffs in error.

Sterling Carr, U. S. Atty., and T. J. Sheridan, Asst. U. S. Atty., both of San Francisco, Cal.

Before GILBERT, HUNT, and RUDKIN, Circuit Judges.

GILBERT, Circuit Judge (after stating the facts as above).

The imposition of sentences on the second counts of the indictments is assigned as error for the reason that the defendants had already been convicted on the first counts, and in those counts the transactions embraced the identical transactions set out in the second counts. There was no demurrer to the joinder of the two counts in either of the indictments, and no demand was made that the government elect...

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