No. 17475.

302 F.2d 659 (1962)

William M. MILLER, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied May 16, 1962.

Attorney(s) appearing for the Case

Donald Drollman, Fremont, Cal., for appellant.

Brockman Adams, U. S. Atty., James F. McAteer, Asst. U. S. Atty., Seattle, Wash., for appellee.

Before HAMLIN and BROWNING, Circuit Judges, and MURRAY, District Judge.

BROWNING, Circuit Judge.

The defendant, William Matthew Miller, was tried before a jury and convicted under three counts of an indictment charging various violations of the narcotics laws, all arising out of a single sale of heroin. He was sentenced to ten years' imprisonment on each count, the sentences to run concurrently. The circumstances of the present case refute any suggestion that the sentence was greater than it would have been on a single count, or that...

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