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BROWN v. UNITED STATES

No. 20349.

370 F.2d 874 (1966)

Edward Lee BROWN, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied February 1, 1967.

Attorney(s) appearing for the Case

Arthur D. Dempsey, San Francisco, Cal., for appellant.

Cecil F. Poole, U. S. Atty., Zeppelin Wong, Jerrold M. Ladar, Asst. U. S. Attys., San Francisco, Cal., for appellee.

Before HAMLIN, MERRILL and DUNIWAY, Circuit Judges.

HAMLIN, Circuit Judge.

Appellant was convicted by a jury in the United States District Court for the Northern District of California of two counts of selling and concealing heroin in violation of 21 U.S.C. § 174. He appeals.

The sufficiency of the evidence is not challenged; the record amply supports the jury finding.

The second paragraph of 21 U.S.C. § 174 provides:

"Whenever on trial for a violation of this section the defendant...

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