LUGO v. UNITED STATES

No. 21295.

370 F.2d 996 (1967)

Osvaldo LUGO, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied February 14, 1967.


Attorney(s) appearing for the Case

Calvin W. Torrance, Alhambra, Cal., for appellant.

Edwin L. Miller, U. S. Atty., Mobley M. Milam, Chief Asst. U. S. Atty., Phillip W. Johnson, Asst. U. S. Atty., San Diego, Cal., for appellee.

Before BARNES, JERTBERG and BROWNING, Circuit Judges.


PER CURIAM:

Appellant was originally indicted in May of 1965 on three counts of smuggling heroin into the United States. He entered a plea of guilty to Count III, importation of a narcotic drug (i. e., heroin), after failure to register and pay a tax on it as a medical drug. (26 U.S.C. §§ 4702(a), 4721, 4724.)

Petitioner received a three year sentence which was suspended, and he was placed on probation for three years. The terms of that probation...

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