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UNITED STATES v. JACK

No. 23541.

439 F.2d 879 (1971)

UNITED STATES of America, Appellee, v. Richard JACK, Appellant.

United States Court of Appeals, Ninth Circuit.

February 24, 1971.

Attorney(s) appearing for the Case

Michael J. Kutsko, San Francisco, Cal., for appellant.

Dwayne Keyes, U. S. Atty., Will B. Shubb, Asst. U. S. Atty., Sacramento, Cal., for appellee.

Before BARNES, MERRILL and CARTER, Circuit Judges.

JAMES M. CARTER, Circuit Judge.

This is another case involving the concurrent sentence doctrine. In 1961, appellant was indicted on three counts for violations of the federal narcotics laws (21 U.S.C. § 174). He entered a plea of not guilty to all counts. While awaiting trial, a second indictment was filed charging appellant with other violations of the narcotics laws. In 1963, he withdrew his not guilty plea and entered a plea of guilty as to one of the first...

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