KING v. UNITED STATES

No. 6472.

346 F.2d 123 (1965)

David KING, Defendant, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals First Circuit.

May 28, 1965.


Attorney(s) appearing for the Case

Joseph S. Oteri, Boston, Mass., for appellant.

Edward J. Lee, Asst. U. S. Atty., with whom W. Arthur Garrity, Jr., U. S. Atty., was on brief, for appellee.

Before ALDRICH, Chief Judge, BREITENSTEIN, Circuit Judge, and GIGNOUX, District Judge.


ALDRICH, Chief Judge.

The defendant having been found guilty by a jury of a narcotic offense, and having admitted, orally, that this made him a second offender, the court sentenced him forthwith as such without awaiting the government's written filing of a copy of his prior conviction pursuant to 26 U.S.C. § 7237(c) (2). This rapidity was out of consideration for the defendant, so that he would not have to serve "bad time" before the commencement of his minimum...

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