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EARL v. UNITED STATES

No. 19316.

361 F.2d 531 (1966)

James V. EARL, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided April 19, 1966.

Petition for Rehearing Denied August 16, 1966.

Attorney(s) appearing for the Case

Mr. James E. Hogan, Washington, D. C. (appointed by this court) for appellant.

Mr. Thomas Lumbard, Asst. U. S. Atty., with whom Messrs. John C. Conliff, Jr., U. S. Atty., at the time the brief was filed, and Frank Q. Nebeker, Asst. U. S. Atty., were on the brief, for appellee.

Before WILBUR K. MILLER, Senior Circuit Judge, and DANAHER and BURGER, Circuit Judges.

Petition for Rehearing En Banc Denied August 16, 1966.

BURGER, Circuit Judge:

Appellant challenges his conviction on two counts of narcotics violations arising out of one transaction. A jury found him guilty of violating 26 U.S.C. §§ 4704 (a) and 4705(a) (1964) but not guilty on a third count alleging a violation of 21 U.S.C. § 174 (1964). He was given concurrent sentences of five years on the § 4705(a) count and one to five years on the...

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