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D'ERCOLE v. UNITED STATES

No. 234, Docket 30063.

361 F.2d 211 (1966)

Joseph D'ERCOLE, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Second Circuit.

Decided May 19, 1966.

Attorney(s) appearing for the Case

James J. Hanrahan, New York City, for appellant.

Andrew M. Lawler, Jr., Asst. U. S. Atty., Southern District of New York (Robert M. Morgenthau, U. S. Atty., Southern District of New York, and John E. Sprizzo, Asst. U. S. Atty., on the brief), for appellee.

Before WATERMAN, KAUFMAN and ANDERSON, Circuit Judges.

PER CURIAM:

The appellant, Joseph D'Ercole, was convicted, under 21 U.S.C. §§ 173 and 174, of selling heroin illegally imported into the United States and was sentenced to twenty years imprisonment, which he is now serving. Upon a plenary appeal his conviction was affirmed by this court, sub nom. United States v. Cimino, 321 F.2d 509 (2 Cir., 1963), Judge Waterman dissenting, cert. denied 375 U.S. 974, 84 S.Ct. 491, 11 L...

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