UNITED STATES v. BERRY

No. 12822.

277 F.2d 826 (1960)

UNITED STATES of America, Plaintiff-Appellee, v. David BERRY, Defendant-Appellant.

United States Court of Appeals Seventh Circuit.

May 2, 1960.


Attorney(s) appearing for the Case

Max Cohen and Louis C. Holland, Gary, Ind., for appellant.

Kenneth C. Raub, U. S. Atty., Charles R. LeMaster, Asst. U. S. Atty., Fort Wayne, Ind., for appellee.

Before HASTINGS, Chief Judge, SCHNACKENBERG, Circuit Judge, and MERCER, District Judge.


HASTINGS, Chief Judge.

Defendant-appellant David Berry and one Sylvester Brown were charged in a two-count indictment with selling heroin in violation of 26 U.S.C.A. § 4704(a), and with the unlawful receipt, concealment and sale of heroin after unlawful importation in violation of 21 U.S.C.A. § 174. On motion of the Government, the two counts were dismissed as to Brown; and defendant was tried by a jury and found guilty on both counts. Judgment was entered...

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