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JOHNSON v. UNITED STATES

No. 17440.

329 F.2d 600 (1964)

John Wesley JOHNSON, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Eighth Circuit.

April 3, 1964.

Attorney(s) appearing for the Case

Joseph Howlett, Clayton, Mo., made argument for appellant and filed typewritten brief.

John A. Newton, Asst. U. S. Atty., St. Louis, Mo., made argument for appellee and filed typewritten brief with Richard D. FitzGibbon, Jr., U. S. Atty., St. Louis, Mo.

Before VOGEL, MATTHES and BLACKMUN, Circuit Judges.

MATTHES, Circuit Judge.

Appellant was indicted in four counts for violating 26 U.S.C. § 4705(a) and 21 U.S.C. § 174, was convicted by a jury of all four offenses,1 and having previously been convicted of violating the narcotic laws, was — as a second offender — sentenced to the minimum of ten years on each count [26 U.S.C. § 7237(b) and (c)], the sentences to run concurrently.

On this appeal in forma...

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