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UNITED STATES v. SHYVERS

No. 181, Docket 31581.

385 F.2d 837 (1967)

UNITED STATES of America, Appellee, v. Theodore V. SHYVERS, Appellant.

United States Court of Appeals Second Circuit.

Decided November 27, 1967.

Attorney(s) appearing for the Case

Frederic A. Johnson, New York City (Rudolph Lion Zalowitz, Elizabeth, N. J., on the brief), for appellant.

Lars I. Kulleseid, Asst. U. S. Atty., So. District of N. Y. (Robert M. Morgenthau, U. S. Atty., and John E. Sprizzo, Asst. U. S. Atty., on the brief), for appellee.

Before WATERMAN, FRIENDLY and SMITH, Circuit Judges.

PER CURIAM.

Theodore V. Shyvers was convicted in the United States District Court for the Southern District of New York, after a two-day trial before Judge Weinfeld and a jury, on both counts of an indictment charging him and a co-defendant, Beatrice Motte, with concealing approximately 930 grams of heroin hydrochloride in violation of 21 U.S.C. §§ 173 and 174, and with concealing four marihuana cigarettes in violation of 21 U.S.C. § 176a. [Judge Weinfeld...

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