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UNITED STATES v. HARLEY

No. 24552.

447 F.2d 375 (1971)

UNITED STATES of America v. Thomas M. HARLEY, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided July 28, 1971.

Attorney(s) appearing for the Case

Mr. John Jude O'Donnell, Washington, D. C. (appointed by this court), for appellant.

Mr. Jerome Wiener, Asst. U. S. Atty., with whom Messrs. Thomas A. Flannery, U. S. Atty., John A. Terry and Herbert B. Hoffman, Asst. U. S. Attys., were on the brief, for appellee.

Before ROBINSON and MacKINNON, Circuit Judges, and DAVIES, United States District Judge for the District of North Dakota.

DAVIES, District Judge:

Thomas M. Harley, the appellant here, was tried to a jury in a two-count indictment charging violations of the federal narcotics laws, 26 U.S.C. § 4704(a) and 21 U.S.C. § 174. The trial jury found him guilty on both counts, and he was thereafter sentenced to the custody of the Attorney General for a period of three to ten years on count one of the indictment and ten years on count two, the sentences to run concurrently. The instant...

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