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ROY v. UNITED STATES

No. 18285.

356 F.2d 785 (1965)

Arthur M. ROY, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided September 2, 1965.

Petition for Rehearing Denied March 11, 1966.

Attorney(s) appearing for the Case

Mr. Jerrold Scoutt, Jr., Washington, D. C. (appointed by the court) for appellant.

Mr. Alan Kay, Asst. U. S. Atty., with whom Messrs. David C. Acheson, U. S. Atty., Frank Q. Nebeker and Victor W. Caputy, Asst. U. S. Attys., were on the brief, for appellee.

Before WILBUR K. MILLER, Senior Circuit Judge, and WASHINGTON and DANAHER, Circuit Judges.

Petition for Rehearing En Banc Denied March 11, 1966.

DANAHER, Circuit Judge:

This appellant was convicted of narcotics violations. After the jury had returned its verdict in September 1963, the Government filed an information setting up his previous conviction on narcotics charges in 1955. Appellant was sentenced to concurrent terms of imprisonment of ten years on each count.

On appeal it has been contended that the court erred in failing to instruct...

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