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UNITED STATES v. LANE

No. 16874.

284 F.2d 935 (1960)

UNITED STATES of America, Appellant, v. Helen Mae LANE, Appellee. UNITED STATES of America, Petitioner, v. Honorable Fred KUNZEL, Respondent.

United States Court of Appeals Ninth Circuit.

October 21, 1960.

Attorney(s) appearing for the Case

Joseph M. F. Ryan, Jr., Acting Asst. Atty. Gen., Laughlin E. Waters, U. S. Atty., Los Angeles, Cal., St. John Barrett, Harold H. Greene, Gerald P. Choppin, Attorneys, Department of Justice, Washington, D. C., for appellant and petitioner.

Gerald E. Olson, San Diego, Cal., for appellee.

Thomas Whelan, P. Timothy Murphy, Harry D. Steward, San Diego, Cal., for respondent, Kunzel.

Howard R. Harris, San Diego, Cal., amicus curiæ.

Harold R. Tyler, Jr., Asst. Atty. Gen., Harold H. Greene, Howard A. Glickstein, Attorneys, Department of Justice, Washington, D. C., for appellant and petitioner, United States.

Before HAMLEY, MERRILL and KOELSCH, Circuit Judges.

HAMLEY, Circuit Judge.

The United States here questions the action of the district court in granting probation to a minor female convicted of the illegal importation of heroin in violation of section 105 of the Narcotic Drugs Import and Export Act of 1956, 21 U.S. C.A. § 174. The government contends power to grant probation upon such conviction is denied by section 103(d) of this act, 26 U.S.C.A. § 7237(d). Section 7237(d) provides that as to all persons...

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