PORTOMENE v. UNITED STATES

No. 15058.

221 F.2d 582 (1955)

Narberto Angelo PORTOMENE, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

April 27, 1955.


Attorney(s) appearing for the Case

Gino P. Negretti, Miami, Fla., for appellant.

E. David Rosen, Asst. U. S. Atty., Miami, Fla., for appellee.

Before HUTCHESON, Chief Judge, TUTTLE, Circuit Judge, and DAWKINS, District Judge.


HUTCHESON, Chief Judge.

Appellant, charged in an indictment in two counts with unlawfully selling, dispensing, and distributing heroin on February 18th and February 20, 1953, in violation of the Harrison Anti-Narcotic Act, 26 U.S.C. § 2553(a), was convicted and sentenced on each count to serve three years, the sentences to run concurrently.

Appealing from that judgment, he is here presenting three grounds of error. The first of these is that, under the...

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