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VACCARO v. UNITED STATES

No. 18754.

296 F.2d 500 (1961)

John J. VACCARO, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

December 14, 1961.

Attorney(s) appearing for the Case

William C. Wright, John E. Fitzgibbon, Laredo, Tex., for appellant.

William B. Butler, Asst. U. S. Atty., Woodrow Seals, U. S. Atty., Houston, Tex., for appellee.

Before TUTTLE, Chief Judge, and HUTCHESON and RIVES, Circuit Judges.

RIVES, Circuit Judge.

This appeal is from a judgment of conviction entered upon a jury's verdict finding the defendant guilty as charged in counts one and three of a four-count indictment. Both counts were based upon the same approximately 60 grains of marihuana, Count 1 charging a violation of Section 176a of Title 21 United States Code Annotated, and Count 3 charging a violation of Section 4744(a) (2) of Title 26 United States Code Annotated. After an information...

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