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UNITED STATES v. DeDOMINICIS

No. 378, Docket 28200.

332 F.2d 207 (1964)

UNITED STATES of America, Plaintiff-Appellee, v. George DeDOMINICIS, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided May 22, 1964.

Attorney(s) appearing for the Case

Thaddeus S. Zolkiewiez, Asst. U. S. Atty., Western District of New York, Buffalo, N. Y. (John T. Curtin, U. S. Atty., Western District of New York, on the brief), for plaintiff-appellee.

Harold J. Boreanaz, Buffalo, N. Y., for defendant-appellant.

Before LUMBARD, Chief Judge, and MOORE and SMITH, Circuit Judges.

J. JOSEPH SMITH, Circuit Judge.

Appellant was convicted after a jury trial before Judge John O. Henderson in the Western District of New York of buying unstamped and illegally imported heroin, in violation of 26 U.S.C. § 4704 and 21 U.S.C. § 174. He was sentenced to five years on each of 28 counts, the sentences to run concurrently. He was acquitted on one count.

Appellant was not caught with the heroin...

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