UNITED STATES v. CILENTI

No. 252, Docket 33579.

425 F.2d 683 (1970)

UNITED STATES of America, Appellee, v. William CILENTI, Appellant.

United States Court of Appeals, Second Circuit.

Decided May 12, 1970.


Attorney(s) appearing for the Case

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

John W. Nields, Jr., Asst. U. S. Attorney, New York City (Robert M. Morgenthau, U. S. Atty., for the Southern District of New York City, and Paul B. Galvani, Asst. U. S. Atty., New York City, of counsel), for appellee.

Before MOORE, KAUFMAN and HAYS, Circuit Judges.


PER CURIAM:

The defendant-appellant was indicted on two counts with the sale of (1) 110 grams of heroin on July 30, 1966 and (2) 99.1 grams of cocaine on August 17, 1966. After a one-day trial before the court without a jury, he was convicted on both counts. The sentence was five years on each count, the sentences to run concurrently.

On January 20, 1970, the Supreme Court in Turner v. United States, 396 U.S. 398, 90 S.Ct. 642...

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