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UNITED STATES v. STEPHENS

No. 71-1884.

449 F.2d 103 (1971)

UNITED STATES of America, Petitioner, v. Honorable Albert Lee STEPHENS, Jr., Respondent.

United States Court of Appeals, Ninth Circuit.

September 29, 1971.

Attorney(s) appearing for the Case

John M. Newman, Asst. U. S. Atty. (argued), Robert L. Meyer, U. S. Atty., David R. Nissen, Chief, Crim. Div., Andrew R. Willing, Asst. U. S. Atty., Los Angeles, Cal., for the petitioner.

Barry Tarlow (argued), Bernard Nizinski, Thomas H. Carver, Los Angeles, Cal., for real party in interest.

Before BARNES, MERRILL and KOELSCH, Circuit Judges.

MERRILL, Circuit Judge:

On November 2, 1970, certain defendants1 were convicted of narcotics offenses involving marijuana committed in violation of 21 U.S.C. § 176a. On May 24, 1971, sentence was imposed by respondent judge. He sentenced the defendants to five years, the minimum prescribed by § 176a. He then, however, suspended the sentences and placed each defendant on probation for a period of five years. This action, theretofore...

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