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CHATMAN v. UNITED STATES

No. 23146.

411 F.2d 1139 (1969)

Lewis CHATMAN, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

May 28, 1969.

Attorney(s) appearing for the Case

Ollie Marie-Victoire (argued), San Francisco, Cal., for appellant.

John G. Milano (argued), Asst. U. S. Atty., Cecil F. Poole, U. S. Atty., Jerrold M. Ladar, Asst. U. S. Atty., San Francisco, Cal., for appellee.

Before BROWNING and DUNIWAY, Circuit Judges, and JAMESON, District Judge.

JAMESON, District Judge:

Appellant was charged in three counts with the sale of cocaine on October 24, 1967, October 25, 1967, and November 7, 1967, respectively, in violation of 26 U.S.C. § 4705(a). In a jury trial he was acquitted on Count I and convicted on Counts II and III. A sentence of five years was imposed on each of the two counts, to run concurrently.

Appellant urges as error (1) failure of his retained...

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