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WHITE v. UNITED STATES

No. 18197.

317 F.2d 231 (1963)

Ray WHITE, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

May 6, 1963.

Attorney(s) appearing for the Case

Dusenbery, Martin, Beatty & Parks, and Alonzo P. Stiner, Portland, Or., for appellant.

Sidney I. Lezak, U. S. Atty., and William B. Borgeson, Asst. U. S. Atty., Portland, Or., for appellee.

Before CHAMBERS, HAMLEY and MERRILL, Circuit Judges.

CHAMBERS, Circuit Judge.

White stands convicted of six counts of an eight count indictment charging violations of the federal narcotics law. White was sentenced to imprisonment of five years on counts 1, 4, 5 and 8 and to two years on counts 3 and 7, all sentences concurrent.

Under the usual rule, if we find one of the counts under which a five year sentence was imposed to be a valid conviction, we are obligated to go no further. Sinclair v. United States...

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