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UNITED STATES v. SMALLS

No. 386, Docket 35152.

438 F.2d 711 (1971)

UNITED STATES of America, Appellee, v. Jerry SMALLS, Appellant.

United States Court of Appeals, Second Circuit.

Decided February 22, 1971.

Attorney(s) appearing for the Case

Daniel M. Armstrong, Asst. U. S. Atty. (Edward R. Neaher, U. S. Atty., E. D. N. Y., and David G. Trager, Asst. U. S. Atty. on the brief), for appellee.

Harry C. Batchelder, Jr., New York City, for appellant; Anthony S. Kaufmann, Richard Burke Marrin and Henry Huntington Rossbacher, New York City, of counsel.

Before LUMBARD, Chief Judge, MOORE and SMITH, Circuit Judges.

LUMBARD, Chief Judge:

This is an appeal from a judgment of the Eastern District of New York, rendered April 1, 1970, wherein appellant Smalls was convicted, after a jury trial, of violating 21 U.S.C. § 174 by selling heroin which he knew had been imported into the United States illegally, and of violating 26 U.S.C. § 4704(a) by selling the same heroin in a package not bearing the tax stamps as required by law. Smalls was sentenced to ten years imprisonment...

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