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UNITED STATES v. PHILLIPS

No. 331, Docket 25598.

270 F.2d 175 (1959)

UNITED STATES of America, Appellee, v. Jesse PHILLIPS and Angel Fernandez, Appellants.

United States Court of Appeals Second Circuit.

Decided September 14, 1959.

Attorney(s) appearing for the Case

Theodore Krieger, New York City, for appellant Jesse Phillips.

John J. Duff, New York City, for appellant Angel Fernandez.

John A. Guzzetta, Asst. U. S. Atty., Southern District of New York, New York City (S. Hazard Gillespie, Jr., U. S. Atty., and Kevin Thomas Duffy, Asst. U. S. Atty., New York City, on the brief), for appellee.

Before HINCKS and LUMBARD, Circuit Judges, and SMITH, District Judge.

LUMBARD, Circuit Judge.

Jesse Phillips and Angel Fernandez were tried jointly before Judge Levet, sitting without a jury, for conspiring to violate 21 U.S.C.A. § 174, prohibiting the receipt, concealment, purchase or sale of narcotic drugs. In addition, Phillips was charged with a sale of heroin in violation of 21 U.S.C.A. § 174. From their convictions for these crimes and sentences for five years each, both defendants appeal.1

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