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UNITED STATES v. DIXON

No. 14712.

343 F.2d 510 (1965)

UNITED STATES of America, Plaintiff-Appellee, v. Charles DIXON, Defendant-Appellant.

United States Court of Appeals Seventh Circuit.

March 31, 1965.

Attorney(s) appearing for the Case

Royal E. Spurlark, Jr., Chicago, Ill., for appellant.

Edward V. Hanrahan, U. S. Atty., Arthur L. Dunne, Asst. U. S. Atty., Chicago, Ill. (John Peter Lulinski, John Powers Crowley, Asst. U. S. Attys., of counsel), for appellee.

Before SCHNACKENBERG and CASTLE, Circuit Judges, and GRUBB, District Judge.

SCHNACKENBERG, Circuit Judge.

Charles Dixon, defendant, has appealed from a judgment of the district court sentencing him to six years imprisonment on each of counts One and Two, to run concurrently, for violations of § 4705(a), Title 26, and § 174, Title 21, United States Code, respectively, both as amended by the Narcotics Control Act of 1956.

1. On appeal, defendant contends as a matter of law that "an infamous punishment is not authorized by...

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