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UNITED STATES v. NICHOLAS

No. 366, Docket 27933.

319 F.2d 697 (1963)

UNITED STATES of America, Appellee, v. James NICHOLAS, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided June 26, 1963.

Attorney(s) appearing for the Case

James M. Brachman, Asst. U. S. Atty., New York City (Robert M. Morgenthau, U. S. Atty. for Southern District of New York, Arthur I. Rosett, Asst. U. S. Atty., New York City, on the brief), for appellee.

Dennis J. Kenny, New York City (Anthony F. Marra, New York City, on the brief), for defendant-appellant.

Before LUMBARD, Chief Judge, CLARK, Circuit Judge, and BARTELS, District Judge.

BARTELS, District Judge.

Appellant was convicted, after trial without a jury, for knowingly receiving and concealing illegally imported marihuana, in violation of 21 U.S.C. §§ 173 and 174, and for acquiring marihuana without having paid the requisite tax, in violation of 26 U.S.C. §§ 4744(a) and 7237(a).

On April 17, 1961, at 5:30 P.M., narcotics agents Schrier, Fluhr and Benjamin proceeded to apartment 6-I at 3609 Broadway, Manhattan,...

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