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HARRIS v. UNITED STATES

No. 23400.

440 F.2d 240 (1971)

David G. HARRIS, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided January 11, 1971.

Attorney(s) appearing for the Case

Mr. Thomas P. Smith, Hyattsville, Md., with whom Messrs. Karl G. Feissner, William L. Kaplan, Fred R. Joseph and Andrew E. Greenwald, Hyattsville, Md., were on the brief, for appellant.

Mr. Julius A. Johnson, Asst. U. S. Atty., with whom Messrs. Thomas A. Flannery, U. S. Atty., and John A. Terry, Asst. U. S. Atty., were on the brief, for appellee. Mr. James R. Phelps, Asst. U. S. Atty., at the time the record was filed, also entered an appearance for appellee.

Before LEVENTHAL and WILKEY, Circuit Judges, and SMITH, Chief Judge, U. S. District Court for the District of Montana.

PER CURIAM:

On April 1, 1970, this Court entered an order granting a petition for allowance of appeal from the judgment of the District of Columbia Court of Appeals, 255 A.2d 489, limited to the following issue: "Was the alternative sentence of 30 days in jail and a fine of $500 or 90 days in jail a valid sentence?"

The brief filed by appellant presents argument in support of the proposition that the trial court erred in imposing...

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