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CLAYTON v. UNITED STATES

No. 22846.

413 F.2d 297 (1969)

Eddie Pearl CLAYTON, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

June 9, 1969.

Attorney(s) appearing for the Case

E. Myron Bull, Jr., (argued), San Francisco, Cal., for appellant.

Irving Prager, (argued), Asst. U. S. Atty., Wm. Matthew Byrne, Jr., U. S. Atty., Robert L. Brosio, Asst. U. S. Atty., Chief, Crim. Div., Los Angeles, Cal., for appellee.

Before BARNES and CARTER, Circuit Judges, and KILKENNY, District Judge.

PER CURIAM:

Appellant was convicted on two substantive counts (possession and sale) of heroin, and one count of conspiracy to conceal and sell heroin. 21 U.S.C. § 174.

Appellant first urges that Leary v. United States, 395 U.S. 6, 89 S.Ct. 1532, 23 L.Ed.2d 57, (1969), is controlling. We hold it is not, by its express terms. Id. at 45, 89 S.Ct. 1553 n. 92. Thus, Yee Hem v. United States, 268 U.S. 178...

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