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UNITED STATES v. SIMMONS

No. 105, Docket 28876.

338 F.2d 804 (1964)

UNITED STATES of America, Appellee, v. Carnie SIMMONS, a/k/a Harold, Appellant.

United States Court of Appeals Second Circuit.

Decided December 1, 1964.

Attorney(s) appearing for the Case

Howard T. Owens, Jr., Asst. U. S. Atty. (F. Owen Eagan, U. S. Atty., on the brief), for appellee.

Norman Zolot, Hamden, Conn., for appellant.

Before WATERMAN, MOORE and SMITH, Circuit Judges.

MOORE, Circuit Judge.

Carnie Simmons appeals from a judgment of conviction following a non-jury trial in which he was found guilty of unlawfully selling narcotics. The indictment contained two counts of knowingly selling heroin known to have been unlawfully brought into the United States, 21 U.S.C.A. § 174, and two counts of selling heroin without the order form prescribed by law, 26 U.S.C.A. § 4705(a). Simmons was convicted on all four counts and sentenced...

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