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UNITED STATES v. RUSS

No. 422, Docket 29557.

362 F.2d 843 (1966)

UNITED STATES of America, Appellee, v. Moses RUSS, Appellant,

United States Court of Appeals Second Circuit.

Decided July 7, 1966.

Attorney(s) appearing for the Case

Irene Zelnick, New York City (Morton Klevan, New York City, on the brief), for appellant.

Max Wild, Asst. U. S. Atty. (Robert M. Morgenthau, U. S. Atty., for Southern District of New York, Gerald H. Abrams, Asst. U. S. Atty., on the brief), for appellee.

Before MOORE, SMITH and KAUFMAN, Circuit Judges.

KAUFMAN, Circuit Judge:

Raising a single but vexing issue concerning the government's obligation to disclose the identity of its informants, Moses Russ appeals from a one-count conviction for selling narcotics in violation of 21 U.S.C. §§ 173, 174. Judge Tyler, who presided at Russ' non-jury trial, imposed the mandatory minimum sentence of five years' imprisonment. We affirm.

I.

At trial, Russ neither took the stand nor presented witnesses...

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