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UNITED STATES v. MASINO

No. 124, Docket 25419.

275 F.2d 129 (1960)

UNITED STATES of America, Plaintiff-Appellee, v. Joseph A. MASINO, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided February 18, 1960.

Attorney(s) appearing for the Case

John P. MacArthur, Asst. U. S. Atty., Western District of New York, Buffalo, N. Y. (Neil R. Farmelo, Acting U. S. Atty., Buffalo, N. Y., on the brief), for plaintiff-appellee.

William B. Mahoney, Buffalo, N. Y., for defendant-appellant.

Before LUMBARD, Chief Judge, and SWAN and MAGRUDER, Circuit Judges.

LUMBARD, Chief Judge.

Masino appeals from his conviction on two counts for having dispensed and distributed four capsules of heroin, not in nor obtained from an original stamped package as required by law, in violation of 26 U.S.C. § 4704(a), and for receiving four capsules of heroin, knowing the same to have been imported contrary to law in violation of 21 U.S.C.A. § 174. He was sentenced to two years imprisonment...

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