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RUSSO v. UNITED STATES

No. 21857.

391 F.2d 1004 (1968)

Donald J. RUSSO, Appellant, v. UNITED STATES of America, Respondent.

United States Court of Appeals Ninth Circuit.

Rehearing Denied April 17, 1968.

Attorney(s) appearing for the Case

George M. Sheets (argued), Tucson, Ariz., for appellant.

Jo Ann D. Diames (argued), Asst. U. S. Atty., Edward Davis, U. S. Atty., Tucson, Ariz., for appellee.

Before POPE, DUNIWAY and CARTER, Circuit Judges.

OPINION

JAMES M. CARTER, Circuit Judge.

Appellant was convicted in a trial without a jury, on three counts of an indictment. Count 1 charged a failure to pay the transfer tax on 208.4 grams of marihuana in violation of 26 U.S.C. Section 4741 and 4771; Count 2 charged receiving, concealing and facilitating the transportation and concealment of 2.6 grams of heroin; and Count 3 was a similar charge as to 11.3 grams of smoking opium. The latter two counts charged...

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