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JACK v. UNITED STATES

No. 20983.

387 F.2d 471 (1967)

Richard JACK, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

November 28, 1967.

Attorney(s) appearing for the Case

David H. Bowers, G. Michael Priest, San Jose, Cal. (argued), for appellant.

Cecil F. Poole, U. S. Atty., San Francisco, Cal., William B. Shubb, Sp. Asst. to U. S. Atty., Sacramento, Cal. (argued), for appellee.

Before HAMLEY and MERRILL, Circuit Judges.

MERRILL, Circuit Judge:

Appellant, following jury trial, was found guilty on two counts of narcotics violations designated as counts 1 and 3. He was sentenced to imprisonment for terms of 20 years on each count, the sentences to run concurrently. Upon this appeal error is assigned in four respects.

1. Assignment of error is not available to appellant as to the instruction of which he complains, since no objection was interposed at trial. Rule 30, F.R.Cr.P...

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