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UNITED STATES v. ROSARIO

No. 268, Docket 28151.

327 F.2d 561 (1964)

UNITED STATES of America, Appellee, v. Richard ROSARIO, Appellant,

United States Court of Appeals Second Circuit.

Decided February 10, 1964.

Attorney(s) appearing for the Case

Michael S. Fawer, Asst. U. S. Atty., New York, N. Y. (Robert M. Morgenthau, U. S. Atty., for the Southern District of New York, and Charles A. Stillman, Asst. U. S. Atty., New York, City, on the brief), for appellee.

Joseph I. Stone, New York City, for appellant.

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

LUMBARD, Chief Judge:

Richard Rosario appeals from a judgment of conviction on two counts of a three-count indictment charging him with conspiracy to sell and with the sale of narcotics knowing the same to have been illegally imported. 21 U.S.C. §§ 173-174. Judgment was entered in the Southern District of New York after a two-day trial before Judge Croake, sitting without a jury. Finding no error, we affirm the judgment of the district court.

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