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UNITED STATES v. LEVY

Nos. 7395, 7433, 7439.

428 F.2d 211 (1970)

UNITED STATES of America, Appellee, v. Ralph A. LEVY, Defendant, Appellant. Maurice Roland LEVESQUE, Appellant, v. UNITED STATES of America, Appellee. David L. MONOSSON, Petitioner, Appellant, v. UNITED STATES of America, Respondent, Appellee.

United States Court of Appeals, First Circuit.

Rehearing Denied July 2, 1970.

Certiorari Denied October 12, 1970.

Attorney(s) appearing for the Case

Kevin Keating, Needham, Mass., with whom Joseph S. Oteri and Crane, Inker & Oteri, Boston, Mass., were on briefs for appellants in Nos. 7395 and 7439.

Bernard J. Dwyer, Boston, Mass., for appellant in No. 7433.

James B. Krasnoo, Asst. U. S. Atty., with whom Herbert F. Travers, Jr., U. S. Atty., and Edward J. Lee, Asst. U. S. Atty., were on briefs for appellee.

Before ALDRICH, Chief Judge, WOODBURY, Senior Circuit Judge, and McENTEE, Circuit Judge.

Rehearing Denied in Nos. 7395 and 7439 July 2, 1970.

Certiorari Denied October 12, 1970. See 91 S.Ct. 64.

WOODBURY, Senior Circuit Judge.

These three appellants were separately indicted, tried, convicted and sentenced in the United States District Court for the District of Massachusetts for selling marihuana in violation of the Marihuana Tax Act. Title 26 U.S.C. § 4742(a). At first they contended that...

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