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UNITED STATES v. FOSTER

Nos. 7579, 72-1137.

469 F.2d 1 (1972)

UNITED STATES of America, Appellee, v. Javan FOSTER, Defendant-Appellant. Javan FOSTER, Defendant-Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, First Circuit.

Decided November 14, 1972.

Attorney(s) appearing for the Case

Michael A. Collora, Boston, Mass., by appointment of the Court, with whom Herrick, Smith, Donald, Farley & Ketchum, Boston, Mass. was on brief, for appellant.

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

Before COFFIN, Chief Judge, McENTEE and CAMPBELL, Circuit Judges.

McENTEE, Circuit Judge.

Appellant, Javan Foster, was tried and convicted for selling heroin in violation of 26 U.S.C. §§ 4704(a) and 4705(a).1 His direct appeal, which was dismissed for lack of prosecution and then reinstated, and his appeal from the denial of his motion to vacate sentence, D.C., 340 F.Supp. 1311, were consolidated for argument. We affirm both judgments below. In doing so...

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