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UNITED STATES v. JULIA

No. 506, Docket 29381.

348 F.2d 915 (1965)

UNITED STATES of America, Appellee, v. Michael JULIA, a/k/a Michael Constanti, Appellant.

United States Court of Appeals Second Circuit.

Decided July 14, 1965.

Attorney(s) appearing for the Case

Paul K. Rooney, Asst. U. S. Atty. (Robert M. Morgenthau, U. S. Atty., on the brief, John S. Martin, Jr., Asst. U. S. Atty., of counsel), for appellee.

James H. Durand, New York City (Anthony F. Marra, New York City, on the brief), for appellant.

Before MOORE and ANDERSON, Circuit Judges, and WEINFELD, District Judge.

PER CURIAM.

After a nonjury trial, Michael Julia was convicted on two counts for selling heroin on two different days in violation of 21 U.S.C.A. §§ 173-174. The sales were made to the same federal narcotics agent. Julia's defense as to the first sale was that it had been made by a friend and that he had merely been standing nearby; as to the second sale, he claimed entrapment through the persuasion and pressure of the Government agent and a "special employee...

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