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UNITED STATES v. BERRYHILL

No. 26246.

445 F.2d 1189 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. Raymond J. BERRYHILL, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

August 3, 1971.

Attorney(s) appearing for the Case

Arthur Mabry (argued), Los Angeles, Cal., for defendant-appellant.

Robert L. Meyer, U. S. Atty., Eric A. Nobles, Asst. U. S. Atty. (appeared), David R. Nissen, Chief, Crim. Div., Los Angeles, Cal., for plaintiff-appellee.

Before CARTER and HUFSTEDLER, Circuit Judges, and THOMPSON, District Judge.

THOMPSON, District Judge:

Defendant Berryhill was convicted in a court trial of three counts of a thirteen count indictment, Counts III, VI and XIII. He was sentenced to five years under Count III. Concurrent five year sentences were imposed under Counts VI and XIII, ordered to run consecutively with the Count III sentence but with execution suspended and probation for five years.

Count III charged defendant with the unlawful possession on February 16, 1967...

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