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UNITED STATES v. VANTERPOOL

No. 119, Docket 31505.

394 F.2d 697 (1968)

UNITED STATES of America, Appellee, v. Joseph VANTERPOOL, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided April 29, 1968.

Attorney(s) appearing for the Case

Herman Blitz, New York City, for appellant.

Max Wild, Asst. U. S. Atty. (Roger J. Hawke, Asst. U. S. Atty., and Robert M. Morgenthau, U. S. Atty. for the Southern Dist. of New York, on the brief), for appellee.

Before WATERMAN, MOORE and HAYS, Circuit Judges.

HAYS, Circuit Judge:

Appellant was convicted on two counts of selling heroin in violation of 21 U.S.C. §§ 173 and 174 after a trial before the Honorable Irving Ben Cooper and a jury.1 Concurrent sentences of five years inprisonment on each count were imposed.

Appellant's principal argument on this appeal is that his pre-arraignment statement to an assistant United States attorney...

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