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UNITED STATES v. HARRISON

No. 22415.

432 F.2d 1328 (1970)

UNITED STATES of America v. Roosevelt HARRISON, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided July 15, 1970.

Attorney(s) appearing for the Case

Mr. Mitchell Blankstein (appointed by this court) for appellant.

Mr. James A. Treanor, III, Asst.U.S. Atty. at the time of argument, with whom Messrs. David G. Bress, U.S.Atty. at the time the brief was filed, Frank Q. Nebeker and Carl S. Rauh, Asst.U.S. Attys. at the time the brief was filed, were on the brief, for appellee.

Messrs. Thomas A. Flannery, U.S. Atty., and John A. Terry, Asst.U.S. Atty., entered appearances for appellee.

Before BURGER, McGOWAN and TAMM, Circuit Judges.

McGOWAN, Circuit Judge:

This is an appeal from a narcotics conviction, by the court sitting without a jury, under 26 U.S.C. § 4704(a).1 Appellant was also charged with, and convicted of, a violation of 21 U.S.C. § 174, but the trial court set aside this conviction before sentencing. Appellant, as a second offender, was subject to a sentence of not less than five nor more than twenty...

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