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UNITED STATES v. MURPHREE

No. 73-3393.

497 F.2d 395 (1974)

UNITED STATES of America, Plaintiff-Appellee, v. Hugh Franklin MURPHREE, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Certiorari Denied October 15, 1974.

Attorney(s) appearing for the Case

Michael J. McCabe (argued), Lewis A. Wenzell, of Federal Defender of San Diego, San Diego, Cal., for defendant-appellant.

Stephen W. Peterson, Asst. U. S. Atty. (argued), Harry D. Steward, U. S. Atty., Stephen G. Nelson, Asst. U. S. Atty., San Diego, Cal., for plaintiff-appellee.

Before KOELSCH and WRIGHT, Circuit Judges, and BELLONI, District Judge.

Certiorari Denied October 15, 1974. See 95 S.Ct. 116.

BELLONI, District Judge:

Appellant attacks his conviction for importing heroin, in violation of 21 U. S.C. §§ 952, 960 and 963, and his sentence as a narcotic addict under Chapter 314 of Title 18, United States Code. We affirm his conviction but vacate his sentence and remand for re-sentencing.

Appellant and two companions entered the United States from Mexico in the primary pedestrian...

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