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UNITED STATES v. BERRY

No. 453, Docket 30284.

362 F.2d 756 (1966)

UNITED STATES of America, Appellee, v. Herman Ray BERRY, Appellant.

United States Court of Appeals Second Circuit.

Decided July 7, 1966.

Attorney(s) appearing for the Case

Joseph J. Ackell, New York City, for appellant.

Roger J. Hawke, Asst. U. S. Atty. (Robert M. Morgenthau, U. S. Atty. for Southern Dist. of New York, New York City, Robert G. Morvillo, Asst. U. S. Atty., on the brief), for appellee.

Before WATERMAN, MOORE and KAUFMAN, Circuit Judges.

MOORE, Circuit Judge:

Appellant, Herman Ray Berry, appeals from a judgment of conviction, entered upon a jury verdict, on all four counts of a four count indictment which charged him with (a) unlawfully selling heroin on February 11 and 15, 1965, 21 U.S.C. §§ 173, 174 (counts one and two); (b) facilitating the transportation and concealment of marihuana on February 19, 1965, 21 U.S.C. § 176a (count three); and (c) illegal concealment of heroin on February...

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