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BROWN v. UNITED STATES

No. 16038.

268 F.2d 118 (1959)

James Boyd BROWN, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied April 30, 1959.

Attorney(s) appearing for the Case

James Boyd Brown, in pro. per.

Laughlin E. Waters, U. S. Atty., Norman W. Neukom, Robert John Jensen, Asst. U. S. Attys., Los Angeles, Cal., for appellee.

Before FEE, CHAMBERS and JERTBERG, Circuit Judges.

JAMES ALGER FEE, Circuit Judge.

Brown was charged with offenses relating to narcotics. The cause was retried, after remand by this Court because of remarks by the District Judge during the trial, and, upon conviction there, the trial court sentenced Brown under 21 U.S.C.A. § 174, as follows:

On Count Two for selling one ounce, 324 grains, of heroin on March 4, 1953. On Count Three for selling one ounce, 440 grains, of heroin on March 13, 1953...

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