GARCIA v. UNITED STATES

No. 8684.

364 F.2d 306 (1966)

Toby GARCIA, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Tenth Circuit.

July 27, 1966.


Attorney(s) appearing for the Case

James P. Johnston, Wichita, Kan. (Sowers & Sowers, Wichita, Kan., with him on the brief), for appellant.

John Quinn, U. S. Atty., Albuquerque, N. M. (John A. Babington, Asst. U. S. Atty., Albuquerque, N. M., with him on the brief), for appellee.

Before BREITENSTEIN and SETH, Circuit Judges, and LANGLEY, District Judge.


PER CURIAM.

Appellant Garcia was tried and convicted in the United States District Court for the District of New Mexico by a jury for illegal possession of heroin, in violation of 21 U.S.C. § 174, and illegal sale of heroin, in violation of 26 U.S.C. § 4705 (a). He was sentenced to seven years on each count, said sentences to run concurrently.

On this direct appeal, appellant urges that the trial court committed error in failing to grant his pretrial...

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