KAPLAN v. UNITED STATES

No. 15430.

234 F.2d 345 (1956)

Marc Sol KAPLAN, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Eighth Circuit.

Rehearing Denied July 16, 1956.


Attorney(s) appearing for the Case

Herbert M. Rope, Kansas City, Mo. (Melvin Friedman, St. Louis, Mo., was with him on the brief), for appellant.

Murry L. Randall, Asst. U. S. Atty., St. Louis, Mo. (Harry Richards, U. S. Atty., St. Louis, Mo., was with him on the brief), for appellee.

Before SANBORN, WOODROUGH and VOGEL, Circuit Judges.


VOGEL, Circuit Judge.

On April 8, 1954, Marc Sol Kaplan, appellant, entered a plea of guilty to each of five counts of an information wherein it was charged that he had sold heroin totaling in amount 703 grains, in violation of 26 U.S.C.A. § 2554(a) (now 26 U.S.C.A. § 4705). Each count of the information carried a penalty of imprisonment of from two to five years, but the district court, because of the circumstances of the case, suspended imposition of sentence...

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