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UNITED STATES v. GIBBS

No. 17035.

285 F.2d 225 (1960)

UNITED STATES of America, Appellant, v. Kenneth Eugene GIBBS and Ronald Charles Wachs, Appellees. UNITED STATES of America, Petitioner, v. Honorable James M. CARTER, Respondent.

United States Court of Appeals Ninth Circuit.

December 1, 1960.

Attorney(s) appearing for the Case

Harold R. Tyler, Jr., Asst. Atty. Gen., Harold H. Greene, Gerald P. Choppin, Attorneys, Department of Justice, Washington, D. C., Laughlin E. Waters, U. S. Atty., Los Angeles, Cal., for appellant.

Howard R. Harris, San Diego, Cal., for appellees.

Before HAMLEY, MERRILL and KOELSCH, Circuit Judges.

PER CURIAM.

Kenneth Eugene Gibbs, twenty years of age, and Ronald Charles Wachs, nineteen years of age, were convicted on their pleas of guilty of the crime of importing marihuana in violation of 21 U.S.C.A. § 174. In the judgments entered on May 16, 1960, imposition of sentence was suspended, and defendants were placed on probation for a period of five years subject to certain conditions. Section 5010(a) of 18 U.S.C.A., a provision of the Youth Corrections Act...

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