No. 17996.

315 F.2d 482 (1963)

Clarence DeROSE, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied April 16, 1963.

Attorney(s) appearing for the Case

Richard Alan Wasserstrom, Stanford, Cal., for appellant.

Cecil F. Poole, U. S. Atty., and Jerrold Ladar, Asst. U. S. Atty., San Francisco, Cal., for appellee.

Before HAMLIN and DUNIWAY, Circuit Judges and MADDEN, Judge of the Court of Claims.

DUNIWAY, Circuit Judge.

Convicted of selling a narcotic drug unlawfully imported into the United States (21 U.S.C. § 174) and of forcibly resisting federal officers who were engaged in performance of their duties (18 U.S.C. §§ 111 and 1114), DeRose appeals. He attacks only the narcotics conviction, for which he was sentenced to five years. (Sentence on the other count was one year, concurrent).

At the trial, DeRose testified that on February...

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