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DAVIS v. UNITED STATES

No. 24313.

385 F.2d 919 (1967)

Sam Tate DAVIS, John David Davis and Bobby Howard Phillips, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

December 4, 1967.

Attorney(s) appearing for the Case

Robert B. Thompson, Gainesville, Ga., for appellants.

No formal appearance has been filed for appellee.

Before RIVES, GOLDBERG and AINSWORTH, Circuit Judges.

RIVES, Circuit Judge.

The three appellants and two other co-defendants were indicted for violations of the internal revenue law relating to distilled spirits. The appellants were convicted on seven counts.1 Each of the appellants was sentenced to imprisonment for 1 year on Count 6 to run concurrently with his sentences on the other six counts, on each of which his sentences were also to run concurrently, but on which their sentences varied...

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