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BARNETT v. UNITED STATES

No. 21715.

403 F.2d 918 (1968)

Harvey L. BARNETT, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided October 8, 1968.

Attorney(s) appearing for the Case

Mr. Robert M. Dougherty, Washington, D. C., (appointed by this court) for appellant.

Mr. Stephen Shawe, Asst. U. S. Atty., District of Maryland, of the bar of the Court of Appeals of Maryland, pro hac vice, by special leave of court, with whom Messrs. David G. Bress, U. S. Atty., and Frank Q. Nebeker, Asst. U. S. Atty., were on the brief, for appellee. Mr. Joel M. Finkelstein, Asst. U. S. Atty., also entered an appearance for appellee.

Before DANAHER, McGOWAN and TAMM, Circuit Judges.

DANAHER, Circuit Judge:

This appellant has challenged a sentence of imprisonment of not less than three nor more than ten years. In his application for leave to appeal in forma pauperis the appellant had asserted that the sentence "was unduly severe and not supported by the history and background of the defendant and the charge."1

The appellant had been arrested upon a complaint lodged April 3, 1967 charging Barnett with "carrying...

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