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UNITED STATES v. BISHOP

No. 72-1148.

469 F.2d 1337 (1972)

UNITED STATES of America, Appellee, v. Robert BISHOP, Defendant-Appellant.

United States Court of Appeals, First Circuit.

Decided November 22, 1972.

Attorney(s) appearing for the Case

Charles P. Dattola, Boston, Mass., with whom Henry F. Owens, III, and Owens & Dilday, Boston, Mass., were on brief, for appellant.

Frederic R. Kellogg, Asst. U. S. Atty., with whom Joseph L. Tauro, U. S. Atty., was on brief, for appellee.

Before COFFIN, Chief Judge, McENTEE, Circuit Judge, and HAMLEY, Senior Circuit Judge.

COFFIN, Chief Judge.

Appellant, Robert Bishop, was convicted on two counts of sale of heroin, under 21 U.S.C. § 841(a) (1), and sentenced to five years imprisonment and a special parole term of three years. On this appeal, he raises three claims: (1) that the provision of the Narcotic Addict Rehabilitation Act of 1966, barring all offenders with two prior felony convictions from being considered for treatment commitment in lieu of imprisonment, is a denial of...

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