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UNITED STATES v. RIVERA

No. 409, Docket 28288.

321 F.2d 704 (1963)

UNITED STATES of America, Appellee, v. Mario RIVERA, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided August 19, 1963.

Attorney(s) appearing for the Case

Jack D. Samuels, Asst. U. S. Atty., Southern District of New York (Robert M. Morgenthau, U. S. Atty., and Arnold Enker, Asst. U. S. Atty., on the brief), for appellee.

Herbert S. Siegal, New York City, for defendant-appellant.

Before LUMBARD, Chief Judge, SMITH, Circuit Judge, and BRYAN, District Judge.

FREDERICK van PELT BRYAN, District Judge.

On June 11, 1963 appellant Rivera was convicted on a two count indictment after trial to the court without a jury in the United States District Court for the Southern District of New York. The first count charged possession of cocaine in violation of 21 U.S.C. § 173, and the second, possession of marijuana in violation of 21 U.S.C. § 176a. Rivera was sentenced to five years on each count, the sentences to run concurrently...

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