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UNITED STATES v. TUCK

No. 470, Docket 31155.

380 F.2d 857 (1967)

UNITED STATES of America, Appellee, v. Olander TUCK, Appellant.

United States Court of Appeals Second Circuit.

Decided July 27, 1967.

Attorney(s) appearing for the Case

Arthur C. Silverman, New York City, for appellant.

Pierre N. Leval, Asst. U. S. Atty. (Robert M. Morgenthau, U. S. Atty. for Southern District of New York, John E. Sprizzo, Asst. U. S. Atty., on the brief), for appellee.

Before LUMBARD, Chief Judge, MOORE, Circuit Judge, and BONSAL, District Judge.

BONSAL, District Judge:

A single count indictment filed in the Southern District of New York on June 12, 1964 charged the appellant with the unlawful sale of approximately 20.310 grams of heroin hydrochloride on July 10, 1963 in violation of Title 21 U.S.C. §§ 173 and 174. Following a two-day trial, the jury found the appellant guilty on July 15, 1964, and on July 29 Judge Palmieri sentenced the appellant to the mandatory minimum term of 5 years in prison...

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