UNITED STATES v. HAMMOND

No. 390, Docket 29840.

362 F.2d 789 (1966)

UNITED STATES of America, Appellee, v. Robert HAMMOND and Robert Lewis, Defendants-Appellants.

United States Court of Appeals Second Circuit.

Decided June 27, 1966.


Attorney(s) appearing for the Case

Thomas J. Mazza, New York City, David A. Luttinger, Hugh C. Humphreys, Asst. U. S. Attys., of counsel, for defendants-appellants.

Robert M. Morgenthau, U. S. Atty. for Southern District of New York, for United States.

Before LUMBARD, Chief Judge, and WATERMAN and KAUFMAN, Circuit Judges.


PER CURIAM:

The petition for a rehearing on the ground that the appellants were unfairly prejudiced by the court deciding the case in open court without oral argument by their counsel, who was absent, is denied. There is no merit to such a contention.

Defendants were convicted of selling heroin after a jury trial before Judge Levet on April 23, 1965. They were sentenced to five-year terms in prison, on May 21, 1965, and their release was continued on $7,500...

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