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CARLO v. UNITED STATES

No. 248, Docket 26499.

286 F.2d 841 (1961)

John CARLO, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Second Circuit.

Decided February 9, 1961.

Attorney(s) appearing for the Case

George J. Todaro, New York City, for appellant.

Paul J. Curran, Asst. U. S. Atty., New York City (S. Hazard Gillespie, Jr., U. S. Atty., for Southern District of New York, David Klingsberg, Jonathan L. Rosner and Arthur I. Rosett, Asst. U. S. Attys., New York City, on the brief), for appellee.

Before LUMBARD, Chief Judge, and MEDINA and SMITH, Circuit Judges.

MEDINA, Circuit Judge.

On May 24, 1960 certain agents of the Bureau of Narcotics of the United States Treasury Department entered John Carlo's Apartment Number 8 at 313 East 118th Street, New York City, and seized a brown paper bag containing six glassine envelopes within which were six ounces of heroin and two cardboard boxes containing 1¼ kilos of heroin. With the narcotics in one of the cardboard boxes was $20,100 of United States currency in a tightly wrapped...

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