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UNITED STATES v. SIDELLA

No. 72-1636.

469 F.2d 1079 (1972)

UNITED STATES of America, Appellee, v. Alan Louis SIDELLA, Appellant.

United States Court of Appeals, Fourth Circuit.

November 27, 1972.

Attorney(s) appearing for the Case

Paul Crider, Jr., Hampton, Va., on brief for appellant.

Brian P. Gettings, U. S. Atty., and Roger T. Williams, Asst. U. S. Atty., on brief for appellee.

Before HAYNSWORTH, Chief Judge, and SOBELOFF and BOREMAN, Senior Circuit Judges.

PER CURIAM:

On April 21, 1972, the appellant, Alan Louis Sidella, was convicted of unlawful possession of a controlled substance in violation of 21 U.S.C. § 844.1 He was sentenced to one year imprisonment. A co-defendant, David Balanda, was tried and found guilty of a similar charge, but was not imprisoned. Instead, he was placed on probation for one year as permitted by 21 U.S.C. § 844(b). Sidella

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