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UNITED STATES v. ORZO

No. 368, Docket 26179.

280 F.2d 200 (1960)

UNITED STATES of America, Appellee, v. Thomas ORZO, Appellant.

United States Court of Appeals Second Circuit.

Decided June 30, 1960.

Attorney(s) appearing for the Case

Vincent J. Velella, New York City, for appellant.

S. Hazard Gillespie, Jr., U. S. Atty., Southern Dist. of New York, New York City (Paul J. Curran, David Klingsberg, Asst. U. S. Attys., New York City, of counsel), for appellee.

Before WATERMAN, MOORE and HAMLIN, Circuit Judges.

PER CURIAM.

Upon a one count indictment charging violations of 21 U.S.C.A. § 173 and § 174 appellant was convicted of having transferred to an undercover narcotics agent an envelope knowing it to contain narcotics.

A brief statement of the circumstances surrounding this transfer is necessary in order to understand appellant's principal contention. On March 25, 1959 at a restaurant at 85th Street and Lexington...

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