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ORTEGA v. UNITED STATES

No. 19687.

348 F.2d 874 (1965)

Samuel Jacento ORTEGA, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

June 29, 1965.

Attorney(s) appearing for the Case

David C. Marcus, Los Angeles, Cal., for appellant.

Manuel L. Real, U. S. Atty., John K. Van de Kamp, Asst. U. S. Atty., Chief, Crim. Sec., J. Brin Schulman, Asst. U. S. Atty., Asst. Chief, Crim. Sec., Jules D. Barnett, Asst. U. S. Atty., Los Angeles, Cal., for appellee.

Before CHAMBERS, BARNES and ELY, Circuit Judges.

BARNES, Circuit Judge.

Appellant Ortega was indicted by a federal grand jury on May 27, 1964 in four counts for violation of Title 21, United States Code, Section 174. The indictment charged appellant with the concealment and sale of 1.140 grams of heroin on April 24, 1964 (Counts 1 and 2) and of 8.800 grams of heroin in a separate transaction on the same day, April 24, 1964 (Counts 3 and 4).

Following trial by jury, a verdict of guilty was returned against...

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