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McKINNEY v. UNITED STATES

No. 72-3095.

487 F.2d 948 (1973)

William Bernard McKINNEY, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

November 6, 1973.

Attorney(s) appearing for the Case

Richard G. Sherman (argued), of Sherman & Sturman, Beverly Hills, Cal., for petitioner-appellant.

Richard J. Trattner, Asst. U. S. Atty. (argued), William D. Keller, U. S. Atty., Eric A. Nobles, Asst. U. S. Atty., Los Angeles, Cal., for respondent-appellee.

Before DUNIWAY and WRIGHT, Circuit Judges, and TURRENTINE, District Judge.

OPINION

DUNIWAY, Circuit Judge:

On September 10, 1968, McKinney was convicted by a judge sitting without a jury under three counts of violating federal narcotics laws. 21 U.S.C. § 176a and 26 U.S.C. § 4742(a). After being sentenced to concurrent terms of five years on each count, McKinney appealed to this court and his conviction was affirmed. United States v. McKinney, 9 Cir., 1970, 433...

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