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BERRY v. UNITED STATES

No. 17752.

324 F.2d 407 (1963)

Hosley BERRY, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided September 19, 1963.

Attorney(s) appearing for the Case

Mr. Reed Miller, Washington, D. C. (appointed by this court) for appellant.

Mr. Robert D. Devlin, Asst. U. S. Atty., with whom Messrs. David C. Acheson, U. S. Atty., Frank Q. Nebeker and Victor Caputy, Asst. U. S. Attys., were on the brief, for appellee.

Before DANAHER, BURGER and WRIGHT, Circuit Judges.

DANAHER, Circuit Judge.

This appellant was convicted on six counts of violations of the narcotics statutes, 26 U.S.C. §§ 4704(a) and 4705(a) and 21 U.S.C. § 174. Thereafter an information was lodged setting out his 1954 narcotics conviction and upon his acknowledgement of that record, Berry was sentenced to serve ten years1 on each count, all sentences to run concurrently, with a recommendation that he be sent to Lexington...

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