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UNITED STATES v. MARCHESE

Nos. 19172, 19249.

341 F.2d 782 (1965)

UNITED STATES of America and Preston Smith, Warden of United States Correctional Institution at Terminal Island, California, Appellants, v. Michele MARCHESE, Appellee. UNITED STATES of America and R. W. May, Warden of United States Correctional Institution at Terminal Island, California, Appellants, v. Jesse DEL BONO, Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied March 4, 1965.

Attorney(s) appearing for the Case

Francis C. Whelan, U. S. Atty., Thomas R. Sheridan, Asst. U. S. Atty., Chief, Crim. Sec., J. Brin Schulman, Asst. U. S. Atty., Los Angeles, Cal., for appellants.

Burton Marks, Beverly Hills, Cal., for appellee Michele Marchese.

Russell E. Parsons, Los Angeles, Cal., for appellee Jesse Del Bono.

Before BARNES, JERTBERG and DUNIWAY, Circuit Judges.

BARNES, Circuit Judge.

I — The History.

The history of this extraordinary combined matter is this:

(1) On June 16, 1958, appellees were each convicted following a jury trial for violation of 18 U.S.C. § 371 and 21 U.S.C. § 174 — sale of more than two pounds of heroin.

(2) The judgments of conviction were affirmed by this court per curiam on April 15, 1959, 264 F.2d 892

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