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BLACKWELL v. UNITED STATES

No. 18149.

313 F.2d 410 (1963)

Leonard Joseph BLACKWELL, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

February 7, 1963.

Attorney(s) appearing for the Case

John P. Moody, San Diego, Cal., for appellant.

Francis C. Whelan, U. S. Atty., Thomas R. Sheridan, Asst. U. S. Atty., Chief, Criminal Section; and Elmer Enstrom, Jr., Asst. U. S. Atty., Los Angeles, Cal., for appellee.

Before CHAMBERS, STEPHENS and JERTBERG, Circuit Judges.

JERTBERG, Circuit Judge.

Following trial to the court sitting without a jury, trial by jury having been expressly waived by appellant in the form and manner set forth in Rule 23(a) F.R. Crim.P., appellant was convicted on each count of a three-count indictment charging violations of the narcotic laws of the United States.1

The district court sentenced appellant to five years imprisonment on each of Counts One and Two, the sentences...

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