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UNITED STATES v. ROSS

No. 715, Docket 72-1135.

464 F.2d 376 (1972)

UNITED STATES of America, Appellee, v. William Ernest ROSS, Appellant.

United States Court of Appeals, Second Circuit.

Decided June 13, 1972.

Attorney(s) appearing for the Case

John L. Altieri, Jr., New York City (Harry C. Batchelder, Jr., New York City, on the brief), for appellant.

Franklin B. Velie, Asst. U. S. Atty., New York City (Whitney North Seymour, Jr., U. S. Atty., and Peter F. Rient, Asst. U. S. Atty., New York City, on the brief), for appellee.

Before FRIENDLY, Chief Judge, and McGOWAN and TIMBERS, Circuit Judges.

TIMBERS, Circuit Judge:

This appeal from a conviction for a federal narcotics offense calls upon us to decide whether the district court erred in failing to sentence appellant under the provisions of either the Comprehensive Drug Abuse Prevention and Control Act of 19701 or the Narcotic Addict Rehabilitation Act of 1966.2

William Ernest Ross appeals from a judgment of conviction after a three day non...

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