UNITED STATES v. BALLENTINE

No. 476, Docket 33162.

410 F.2d 375 (1969)

UNITED STATES of America, Appellee, v. James BALLENTINE, Appellant.

United States Court of Appeals Second Circuit.

Decided April 30, 1969.


Attorney(s) appearing for the Case

Phylis Skloot Bamberger, New York City (Milton Adler, New York City), for appellant.

Ross Sandler, Asst. U. S. Atty. (Robert M. Morgenthau, U. S. Atty. for the Southern District of New York, Charles P. Sifton, Asst. U. S. Atty., of counsel), for appellee.

Before KAUFMAN, HAYS and FEINBERG, Circuit Judges.


HAYS, Circuit Judge:

Appellant and a codefendant, Floyd Heyward, were indicted for violating the federal narcotics laws, 21 U.S.C. §§ 173 and 174 (1964). Heyward pleaded guilty before trial; appellant pleaded not guilty and was tried before a jury which returned a verdict of guilty. Appellant was sentenced as a second felony offender to a 10-year term of imprisonment. He appeals from the judgment of conviction. We affirm.

After the government had...

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