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UNITED STATES v. SMOTHERS

No. 71-1940.

451 F.2d 995 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. James SMOTHERS, Jr., Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

November 26, 1971.

Attorney(s) appearing for the Case

Peter M. Turner (argued), of Turner & Franzoia, Oakland, Cal., for defendant-appellant.

James H. Daffer, Asst. U. S. Atty. (argued), San Francisco, Cal., for plaintiff-appellee.

Before BROWNING and KILKENNY, Circuit Judges, and CURTIS, District Judge.

PER CURIAM:

The appellant was convicted upon four counts of the sale and one count of concealment of heroin. Prior to sentence, he petitioned the court for commitment under the provisions of the Narcotic Addicts Rehabilitation Act, 18 U.S.C. §§ 4251-4253.

Acting pursuant to the provisions of § 4252, the trial court placed the appellant in the custody of the Attorney General for examination to determine whether he was an addict and was likely...

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