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UNITED STATES v. TAYLOR

123 F.Supp. 920 (1954)

UNITED STATES of America, v. Louis TAYLOR, Defendant.

United States District Court S. D. New York.

September 13, 1954.

Attorney(s) appearing for the Case

J. Edward Lumbard, U. S. Atty., New York City, for the United States, Richard Owen, Asst. U. S. Atty., New York City, of counsel.

Vine H. Smith, Brooklyn, N. Y., for defendant.

WEINFELD, District Judge.

The issue presented by this motion to reduce a sentence is whether the Boggs Act,1 amending the penalty provisions of the narcotics laws, is retrospective or prospective as to first offenders.

The defendant was convicted upon a two-count indictment charging (1) conspiracy to violate the narcotics laws and (2) the sale of narcotics in violation of Sections 173 and 174 of Title 21 U.S.C.A. The offenses were...

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