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UNITED STATES v. JOHNSON

No. 23759.

415 F.2d 1130 (1969)

UNITED STATES of America, Plaintiff-Appellee, v. Albert JOHNSON, Defendant-Appellant.

United States Court of Appeals Ninth Circuit.

Rehearing Denied October 31, 1969.

Attorney(s) appearing for the Case

Peter Heintz (argued), Sacramento, Cal., for appellant.

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

Before MERRILL and ELY, Circuit Judges, and KILKENNY District Judge.

PER CURIAM:

This appeal is from an order revoking probation. In 1966 Johnson pleaded guilty to the offense of dispensing narcotic drugs in an unstamped package (26 U.S.C. § 4704(a)) and was awarded probation by the same district judge who made the order in question. In 1967 Johnson entered a plea of guilty to second degree burglary in a California state court. This came to the attention of the district judge, who then advised Johnson that he was placed on "final...

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