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MARCHESE v. UNITED STATES

No. 22681.

411 F.2d 410 (1969)

Michele MARCHESE, Appellant, v. UNITED STATES of America et al., Appellees.

United States Court of Appeals Ninth Circuit.

April 23, 1969.

Attorney(s) appearing for the Case

Burton Marks, Beverly Hills, Cal., and Bruce I. Hochman, Los Angeles, Cal., for appellant.

Wm. Matthew Byrne, Jr., U. S. Atty., Robert L. Brosio, Asst. U. S. Atty., Crim. Div., Thomas H. Coleman, Dennis Kinnaird, Asst. U. S. Attys., Los Angeles, Cal., for appellee.

Before BARNES, DUNIWAY and ELY, Circuit Judges.

BARNES, Circuit Judge:

Appellant was convicted on June 16, 1958 of selling two pounds of heroin — approximately equaling in size a loaf of bread. He was sentenced to ten years imprisonment.

To understand this appeal requires familiarity with the following opinions of this court and orders of the United States Supreme Court: Marchese v. United States, 264 F.2d 892, cert. denied, 360 U.S. 930, 79 S.Ct. 1447, 3 L. Ed.2d...

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