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CLARK v. UNITED STATES

No. 13829.

249 F.2d 472 (1957)

Nehemiah E. CLARK, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided July 29, 1957.

Attorney(s) appearing for the Case

Mr. James C. Toomey, Washington, D. C., submitted on the brief for appellant.

Mr. Alfred Burka, Asst. U. S. Atty., with whom Messrs. Oliver Gasch, U. S. Atty., and Lewis Carroll, Asst. U. S. Atty., were on the brief, submitted on the brief, for appellee.

Before PRETTYMAN, DANAHER and BURGER, Circuit Judges.

PER CURIAM.

Appellant was indicted on five counts for violation of federal narcotic laws. With counsel present he withdrew a plea of not guilty and entered a plea of guilty to two of the five counts. The record disclosed a prior conviction for violation of federal narcotic laws and a sentence of twenty months to five years therefor. The District Court sentenced appellant to be imprisoned for two to eight years on his guilty plea and the remaining counts were dismissed...

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