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GODFREY v. UNITED STATES

No. 19260.

353 F.2d 456 (1965)

Lawrence C. GODFREY, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided November 5, 1965.

As Amended January 5, 1966.

Petition for Rehearing Denied January 11, 1966.

Attorney(s) appearing for the Case

Messrs. David C. Niblack and Arthur J. Whalen, Jr., Washington, D. C. (both appointed by this court), for appellant.

Mr. Robert E. Jordan, III, Asst. U. S. Atty., with whom Mr. David C. Acheson, U. S. Atty. at the time the brief was filed, and Messrs. Frank Q. Nebeker and Victor W. Caputy, Asst. U. S. Attys., were on the brief, for appellee. Mr. John A. Terry, Asst. U. S. Atty., also entered an appearance for appellee.

Before WILBUR K. MILLER, Senior Circuit Judge, and FAHY and BURGER, Circuit Judges.

PER CURIAM:

This is an appeal from conviction on nine counts of an indictment covering three separate sales of narcotics. The indictment charged that each of the alleged sales, on April 11, May 2 and May 27, 1964, violated 26 U.S.C. §§ 4704(a), 4705 (a), and 21 U.S.C. § 174. Concurrent sentences were imposed as to the three transactions.

(1) Appellant first contends that having been arrested and charged at a preliminary hearing on September...

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