UNITED STATES v. SIERRA

No. 116, Docket 27114.

297 F.2d 531 (1961)

UNITED STATES of America, Appellee, v. Joseph Frank SIERRA, Defendant Appellant.

United States Court of Appeals Second Circuit.

Decided December 21, 1961.


Attorney(s) appearing for the Case

Joseph Frank Sierra, pro se.

Robert M. Morgenthau, U. S. Atty., S.D.N.Y., New York City, and Gerald E. Paley and Arthur I. Rosett, Asst. U. S. Attys., New York City, for appellee.

Before CLARK, FRIENDLY, and KAUFMAN, Circuit Judges.


PER CURIAM.

Defendant appeals from the district court's refusal to set aside his sentence as a second offender for the sale of heroin. He was first convicted in 1954. In 1957 on his plea of guilty to another heroin sale, he was sentenced under 21 U.S.C. § 174 as a second offender to a 12-year term in prison on each of two counts, the sentences to run concurrently. This is the sentence here under attack. The statute had been amended in 1956 to increase the penalties...

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