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UNITED STATES v. CHERRY

No. 8355.

295 F.2d 842 (1961)

UNITED STATES of America, Appellee, v. Mervin Jarvis CHERRY, Appellant.

United States Court of Appeals Fourth Circuit.

Decided November 6, 1961.

Attorney(s) appearing for the Case

LeRoy Scott, Washington, N. C. (Charles P. Green, Raleigh, N. C., on brief), for appellant.

Lafayette Williams, U. S. Atty., Greensboro, N. C. (Abner Alexander, Asst. U. S. Atty., Winston-Salem, N. C., on brief), for appellee.

Before SOPER and BRYAN, Circuit Judges, and MICHIE, District Judge.

MICHIE, District Judge.

Mervin Jarvis Cherry was indicted in the Middle District of North Carolina on a charge of being a party to a conspiracy to violate the Internal Revenue Laws of the United States relating to distilled spirits. He was convicted and sentenced to serve five years of which six months was to be an active sentence, the remainder to be served on probation.

There were twelve other defendants all of whom were convicted or pleaded guilty. The...

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