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UNITED STATES v. MATOS

No. 406, Docket 31562.

409 F.2d 1245 (1969)

UNITED STATES of America, Appellee, v. Alejo MATOS, Appellant.

United States Court of Appeals Second Circuit.

Decided April 8, 1969.

Attorney(s) appearing for the Case

Maurice M. McDermott, Asst. U. S. Atty. (Robert M. Morgenthau, U. S. Atty., for the Southern District of New York, Jay Gold Asst. U. S. Atty., on the brief), for appellee.

Joseph J. Marcheso, New York City (David D. Wallerstein, New York City, on the brief), for appellant.

Before LUMBARD, Chief Judge, SMITH, Circuit Judge, and McLEAN, District Judge.

LUMBARD, Chief Judge:

Alejo Matos was convicted, after a two-day trial without a jury, of selling cocaine without the mandatory written order form, in violation of 26 U.S.C. §§ 4705(a) and 7237(b). He was sentenced on April 11, 1966 to the mandatory minimum of 5 years imprisonment.1 He makes two claims on appeal: (1) that the government did not prove with competent evidence and beyond...

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