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ESPOSITO v. UNITED STATES

Nos. 23088, 23159.

415 F.2d 1112 (1969)

Frank V. ESPOSITO, Defendant-Appellant, v. UNITED STATES of America, Appellee. UNITED STATES of America, Appellant, v. Frank V. ESPOSITO, Appellee.

United States Court of Appeals Ninth Circuit.

August 19, 1969.

Attorney(s) appearing for the Case

Frank Vincent Esposito, in pro per.

Joseph L. Ward, U. S. Atty., Las Vegas, Nev., Mervyn Hamburg, Atty., Dept. of Justice, Washington, D. C., for appellee.

Before CHAMBERS and BROWNING, Circuit Judges, and KILKENNY, District Judge

PER CURIAM:

With other persons, appellant was charged in three separate indictments with, (1) unlawful sale of heroin, 21 U.S.C. § 174, (2) unlawful sale of marihuana, 21 U.S.C. § 176a, and (3) another violation of § 176a. Initially, he pleaded not guilty to all three indictments. Appellant and his co-defendants were tried and convicted on the heroin charge. After this conviction, appellant and his co-defendants...

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