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UNITED STATES EX REL. RANDALL v. UNITED STATES MARSHAL FOR EASTERN DIST. OF NEW YORK

No. 421.

143 F.2d 830 (1944)

UNITED STATES ex rel. RANDALL v. UNITED STATES MARSHAL FOR EASTERN DIST. OF NEW YORK.

Circuit Court of Appeals, Second Circuit.

July 6, 1944.

Attorney(s) appearing for the Case

Frank G. Lichtenstein, of Boston, Mass., and Louis Halle, of New York City, for Moyle C. Randall, relator-appellant.

Harold M. Kennedy, U. S. Atty., of Brooklyn, N. Y. (Vine H. Smith and Herbert I. Sorin, Asst. U. S. Attys., both of Brooklyn, N. Y., of counsel), for respondent-appellee.

Before AUGUSTUS N. HAND, CHASE, and FRANK, Circuit Judges.

PER CURIAM.

The appellant was indicted with others for possessing and transporting intoxicating liquors in violation of Sections 3 and 26 of the National Prohibition Act, 41 Stat. 308, 315, 27 U.S.C.A. §§ 12, 40. On April 6, 1931, after a trial and conviction, he was sentenced to imprisonment for a term of one year and eight months. On January 20, 1932, the Circuit Court of Appeals, 2 Cir., 54 F.2d 1085, affirmed the judgment...

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