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UNITED STATES v. OWENS

No. 93, Docket 25761.

271 F.2d 425 (1959)

UNITED STATES of America, Appellee, v. Roland H. OWENS, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided November 4, 1959.

Attorney(s) appearing for the Case

Louis Kaye, New York City, for defendant-appellant.

S. Hazard Gillespie, Jr., U. S. Atty., and Robert B. Fiske, Jr., and Kevin Thomas Duffy, Asst. U. S. Attys., S.D. N.Y., New York City, for appellee.

Before CLARK, Chief Judge, MOORE, Circuit Judge, and J. JOSEPH SMITH, District Judge.

PER CURIAM.

Defendant is appealing from a fifteen-year sentence as a second offender under the narcotics laws. We have recently affirmed his conviction in the Western District. United States v. Owens, 2 Cir., 263 F.2d 720. He claims error because at his trial, cross-examination brought out this earlier conviction which had not then been affirmed. This, it seems, would be held error in the District of Columbia, Fenwick v. United States...

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