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UNITED STATES v. MASTRIANNI

No. 315, Docket 33518.

420 F.2d 483 (1969)

UNITED STATES of America, Appellee, v. Joseph J. MASTRIANNI, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided December 5, 1969.

Attorney(s) appearing for the Case

Richard P. Crane, Jr., Asst. U. S. Atty. (Stewart H. Jones, U. S. Atty., for District of Connecticut, on the brief), for appellee.

Arthur Addess, Brooklyn, N. Y. (Laufer, Addess & Johnson and Samuel H. Dawson, Brooklyn, on the brief), for defendant-appellant.

Before LUMBARD, Chief Judge, and DANAHER and ANDERSON, Circuit Judges.

PER CURIAM:

Joseph Mastrianni was convicted on two counts of selling heroin hydrochloride not in pursuance of a written order form issued in blank by the Secretary of the Treasury or his delegate, such order form being required by 26 U.S.C. section 4705(a). The trial was before Judge Timbers and a jury, and appellant was sentenced to ten years imprisonment on each count, the terms to run concurrently; in addition, Mastrianni was fined $5,000.00 on the first count...

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