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NAPUE v. UNITED STATES

No. 17967.

432 F.2d 1230 (1970)

Irving NAPUE, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

October 19, 1970.

Attorney(s) appearing for the Case

Douglas C. Nohlgren, Chicago, Ill., for petitioner-appellant.

William J. Bauer, U. S. Atty., John Peter Lulinski, Asst. U. S. Atty., Chicago, Ill., for respondent-appellee; Jeffrey Cole, Asst. U. S. Atty., of counsel, Gary L. Starkman, Ford Foundation Intern.

Before KILEY, KERNER and PELL, Circuit Judges.

KERNER, Circuit Judge.

Petitioner-appellant, Irving Napue, brought a petition to vacate sentence under 28 U.S.C. § 2255, attacking a 1966 jury conviction for violation of the Narcotics Import and Export Act, 21 U.S.C. § 174. The district court dismissed for failure to state a cause of action. We affirm.

Napue was convicted of unlawful concealment of imported narcotics. The elements of this offense under § 174

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