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UNITED STATES v. DEVENERE

No. 406, Docket 28727.

332 F.2d 160 (1964)

UNITED STATES of America, Appellee, v. James DEVENERE, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided May 15, 1964.

Attorney(s) appearing for the Case

Philip J. Ryan, Jr., Asst. U. S. Atty., Southern Dist. of New York, New York City (Robert M. Morgenthau, U. S. Atty., and Andrew T. McEvoy, Jr., Asst. U. S. Atty., on the brief), for appellee.

Leon B. Polsky, Legal Aid Society, New York City (Anthony F. Marra, New York City, on the brief), for defendant-appellant.

Before SWAN, MOORE and SMITH, Circuit Judges.

J. JOSEPH SMITH, Circuit Judge:

James Devenere appeals in forma pauperis from a conviction and sentence as a second narcotics offender for violation of 21 U.S.C. §§ 173, 174 on trial to the court, jury waived, in the United States District Court for the Southern District of New York, Dudley B. Bonsal, District Judge.

Appellant attacks the validity of his arrest and the seizure of evidence, and conviction on possession alone, without a special...

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