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UNITED STATES v. McMILLAN

No. 153, Docket 30694.

368 F.2d 810 (1966)

UNITED STATES of America, Appellee, v. Gabriel McMILLAN, Appellant.

United States Court of Appeals Second Circuit.

Decided November 15, 1966.

Certiorari Denied February 13, 1967.

Attorney(s) appearing for the Case

Douglas S. Liebhafsky, Asst. U. S. Atty., New York City (Robert M. Morgenthau, U. S. Atty. for the Southern District of New York and Elkan Abramowitz, Asst. U. S. Atty., New York City, on the brief), for appellee.

Henry A. Lowenberg, New York City, for appellant.

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

Certiorari Denied February 13, 1967. See 87 S.Ct. 856.

LUMBARD, Chief Judge:

Gabriel McMillan appeals from a judgment of conviction entered June 16, 1966, on five counts of selling and possessing narcotics, in violation of 21 U.S.C. §§ 173, 174; 26 U.S.C. §§ 4705(a), 7237(b), by Judge Bryan, sitting with a jury. Following his conviction after a three-day trial, McMillan was sentenced to seven years on each of five counts, to run concurrently...

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