SILVA v. UNITED STATES

No. 13881.

212 F.2d 422 (1954)

SILVA v. UNITED STATES.

United States Court of Appeals Ninth Circuit.

Rehearing Denied May 21, 1954.


Attorney(s) appearing for the Case

V. A. Cordova, Phoenix, Ariz., for appellant.

Jack D. Hays, U. S. Atty., Everett L. Gordon, Asst. U. S. Atty., Phoenix, Ariz., for appellee.

Before HEALY and ORR, Circuit Judges, and LEMMON, District Judge.


HEALY, Circuit Judge.

Appellant was convicted by a jury upon eight counts of an indictment charging alternately sales of narcotics not in or from the original stamped package, 26 U.S.C.A. § 2553(a), and sales of narcotics not in pursuance of a written order, 26 U.S.C.A. § 2554(a). He was sentenced to serve two years on each count, all sentences to run concurrently.

Appellant admitted having made the several sales, and the sole question urged on appeal...

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