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SELLS v. UNITED STATES

No. 5992.

262 F.2d 815 (1958)

Newell Chilton SELLS, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Tenth Circuit.

Rehearing Denied January 14, 1959.

Attorney(s) appearing for the Case

Eugene Deikman, Denver, Colo., for appellant.

Anthony A. Ambrosio, Atty., Dept. of Justice, Brooklyn, N. Y. (Donald E. Kelley, U. S. Atty. for Dist. of Colorado, Denver, Colo., Bruno A. Ristau, Washington, D. C., and Paul C. Vincent, Attys., Dept. of Justice, New York City, were with him on the brief), for appellee.

Before BRATTON, Chief Judge, and PICKETT and BREITENSTEIN, Circuit Judges.

BREITENSTEIN, Circuit Judge.

Sells was charged with making and using a false "Affidavit of Noncommunist Union Officer" in violation of the false statement statute.1 The jury found him guilty under each of the two counts of the indictment and he was sentenced to a term of two years' imprisonment under each count, the sentences to run concurrently. Also, he was adjudged guilty of contempt of court for failure to answer certain questions...

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