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UNITED STATES v. PINKNEY

No. 74-1846.

543 F.2d 908 (1976)

UNITED STATES of America v. Eugene H. PINKNEY, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided June 29, 1976.

Attorney(s) appearing for the Case

James J. Faris (appointed by this court), for appellant.

Michael A. Pace, Asst. U. S. Atty., Washington, D. C., with whom Earl J. Silbert, U. S. Atty., John A. Terry, James F. McMullin, William J. Hardy and Joseph F. McSorley, Asst. U. S. Attys., Washington, D. C., were on the brief, for appellee. Edward C. McGuire, Asst. U. S. Atty., Washington, D. C., also entered an appearance for appellee.

Before WRIGHT and ROBINSON, Circuit Judges, and C. STANLEY BLAIR, United States District Judge for the District of Maryland.

Opinion for the Court filed by Circuit Judge SPOTTSWOOD W. ROBINSON, III.

SPOTTSWOOD W. ROBINSON, III, Circuit Judge:

Convicted by a jury on two counts of unlawfully distributing heroin,1 and sentenced to imprisonment for concurrent terms of three to nine years,2 appellant makes two contentions on appeal. One is that the District Court erred in refusing to sentence him under the provisions of the Narcotic...

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