TANZER v. UNITED STATES

No. 16425.

278 F.2d 137 (1960)

Melvin TANZER, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied May 31, 1960.


Attorney(s) appearing for the Case

Silver, Silver & Ettinger, Rose S. Silver, Tucson, Ariz., for appellant.

Jack D. H. Hays, U. S. Atty., Mary Anne Reimann, Asst. U. S. Atty., Tucson, Ariz., for appellee.

Before ORR, JERTBERG and MERRILL, Circuit Judges.


MERRILL, Circuit Judge.

For violation of the Narcotic Drugs Import and Export Act, 21 U.S.C.A. § 174, the minimum sentence for a first offender is five years and that for a second offender is ten years. Since 1956, neither probation nor parole is available. 26 U.S.C. § 7237(d).

In 1952, Tanzer pleaded guilty to a violation of § 174.1 The imposition of sentence was suspended. He was placed on probation and successfully...

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