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UNITED STATES v. BOOKER

No. 457, Docket 30283.

363 F.2d 856 (1966)

UNITED STATES of America, Appellee, v. Joseph BOOKER, Appellant.

United States Court of Appeals Second Circuit.

Decided July 18, 1966.

Attorney(s) appearing for the Case

Joshua N. Koplovitz, New York City (Anthony F. Marra, New York City, on the brief), for appellant.

Robert L. King, Asst. U. S. Atty. for Southern Dist. of New York (Robert M. Morgenthau, U. S. Atty., and John S. Allee, Asst. U. S. Atty., Southern Dist. of New York, on the brief), for appellee.

Before HAYS, ANDERSON and FEINBERG, Circuit Judges.

PER CURIAM:

The appellant was tried on a one count indictment charging him with the sale of narcotics on May 16, 1963, to Angel Luis Gonzalez, a Federal Narcotics Agent, in violation of 21 U.S.C. §§ 173 and 174. The jury returned a verdict of guilty and Booker was sentenced to a mandatory minimum term of five years imprisonment.

There was evidence from which the jury was warranted in finding the following facts. Agent Gonzalez was introduced to the...

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