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MACKEY v. UNITED STATES

No. 18525.

351 F.2d 794 (1965)

John A. MACKEY, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided June 30, 1965.

Concurring Opinion Filed August 30, 1965.

Attorney(s) appearing for the Case

Mr. William F. McGraw (appointed by the District Court), Washington, D. C., with whom Mr. Norman H. Heller, Washington, D. C., was on the brief, for appellant.

Mr. Thomas Kennedy, Atty., Dept. of Justice, with whom Messrs. David C. Acheson, U. S. Atty., Frank Q. Nebeker and Harold H. Titus, Jr., Asst. U. S. Attys., were on the brief, for appellee.

Before EDGERTON, Senior Circuit Judge, WASHINGTON, Circuit Judge, and BASTIAN, Senior Circuit Judge.

PER CURIAM.

The indigent appellant was convicted of narcotics offenses which involved transactions with an undercover agent of the Metropolitan Police Department between October 23, 1962 and February 5, 1963. He was sentenced to ten years imprisonment on each of 18 counts, the sentences to run concurrently.

An arrest warrant was issued March 15, 1963 and appellant was arrested April 9, 1963. He was not tried until March 5, 1964, but the delay between arrest...

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