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ARMENTA v. UNITED STATES

No. 6237.

48 F.2d 568 (1931)

ARMENTA v. UNITED STATES.

Circuit Court of Appeals, Ninth Circuit.

March 30, 1931.

Attorney(s) appearing for the Case

Wm. J. Fellows and John W. Ray, both of Phœnix, Ariz., for appellant.

John C. Gung'l, U. S. Atty., of Tucson, Ariz., J. S. Wheeler, Asst. U. S. Atty., of Phœnix, Ariz., and B. G. Thompson and Norman S. Hull, Asst. U. S. Attys., both of Tucson.

Before RUDKIN, WILBUR, and SAWTELLE, Circuit Judges.

SAWTELLE, Circuit Judge.

Appellant, hereinafter called the defendant, was convicted upon counts 3, 4, and 5 of an indictment, in which counts he was charged with the unlawful possession and sale of intoxicating liquor and maintaining a common nuisance. Pursuant to the verdict of the jury the court announced sentence: "That the said defendant be imprisoned in the United States Penitentiary at McNeil Island, in the State of Washington, for the period of three (3) years...

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