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UNITED STATES v. PAZ-SIERRA

No. 106, Docket 30203.

367 F.2d 930 (1966)

UNITED STATES of America, Plaintiff-Appellee, v. Luis PAZ-SIERRA, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided October 14, 1966.

Attorney(s) appearing for the Case

Eugene R. Anderson, New York City, for appellant.

Max Wild, Asst. U. S. Atty. (Robert M. Morgenthau, U. S. Atty., for the So. D. of New York, New York City, Robert G. Morvillo, Asst. U. S. Atty., of counsel), for appellee.

Before WATERMAN, MOORE and ANDERSON, Circuit Judges.

MOORE, Circuit Judge:

The defendant, Luis Paz-Sierra (Luis) and his brother, Jose Ramon Paz-Sierra (Jose), were convicted by the court (a jury having been waived) of a sale of cocaine to a federal narcotics agent, 26 U.S.C.A. §§ 4705(a) and 7237(b) (count one of the indictment). Jose was convicted of a sale of marihuana (count two). The court dismissed count three (conspiracy) as to both defendants. The appeal by Jose was not perfected and on Government...

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