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UNITED STATES v. SMART

No. 601, Docket 33854.

448 F.2d 931 (1971)

UNITED STATES of America, Appellee, v. Carlos SMART, Appellant.

United States Court of Appeals, Second Circuit.

Decided June 18, 1971.

Attorney(s) appearing for the Case

Bobby C. Lawyer, Asst. U. S. Atty. (Whitney North Seymour, Jr., U. S. Atty. for the S. D. N. Y., and Jay S. Horowitz, Asst. U. S. Atty., on the brief), for appellee.

Gerald L. Goettel, New York City, for appellant.

Before LUMBARD, KAUFMAN and ANDERSON, Circuit Judges.

LUMBARD, Circuit Judge:

Carlos Smart appeals from a judgment of conviction, entered on July 24, 1969, after a jury trial in the Southern District of New York, Harold R. Tyler, J., on one count of conspiracy to violate 26 U.S.C. §§ 4705(a) and 7237(b) (selling cocaine without a written order form),1 on one substantive count of violating those sections, and on one count of concealing illegally imported cocaine in violation of 21...

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