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OGDEN v. UNITED STATES

No. 17376.

303 F.2d 724 (1962)

Billy Maurice OGDEN, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied June 20, 1962.

Attorney(s) appearing for the Case

Daniel G. Marshall, Los Angeles, Cal., for appellant.

Wirin & Okrand, Los Angeles, Cal., Gerald H. Gottlieb, Beverly Hills, Cal., as amicus curiae, for American Civil Liberties Union.

Before CHAMBERS, MERRILL and BROWNING, Circuit Judges.

BROWNING, Circuit Judge.

The defendant was convicted by a jury under both counts of a two-count indictment alleging violations of 18 U.S.C.A. § 1001. He was sentenced to two years' imprisonment on each count, the sentences to run concurrently, and has appealed. The case is remanded for a further hearing with respect to certain problems arising under the Jencks Act.

I

Count One of the indictment alleged that in a matter within the jurisdiction...

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