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United States v. Allen

United States Court of Appeals, Second Circuit
Jun 17, 1959
267 F.2d 491 (2d Cir. 1959)

Opinion

No. 326, Docket 25170.

Argued June 2, 1959.

Decided June 17, 1959.

Daniel H. Greenberg, New York City (Jerome Lewis, New York City, on the brief), for defendant-appellant.

J. Robert Lunney, Asst. U.S. Atty., S.D.N.Y., New York City (S. Hazard Gillespie, Jr., U.S. Atty., and Kevin Thomas Duffy, Asst. U.S. Atty., New York City, on the brief), for appellee.

Before CLARK, Chief Judge, and LUMBARD and WATERMAN, Circuit Judges.


The paraphernalia for the adulteration of heroin, seized in defendant's apartment in the search conducted as an incident to his arrest, was clearly admissible as relevant to the conspiracy charges. United States v. Volkell, 2 Cir., 251 F.2d 333, 336, certiorari denied 356 U.S. 962, 78 S.Ct. 1000, 2 L.Ed.2d 1068; United States v. Carminati, 2 Cir., 247 F.2d 640, 645, certiorari denied 355 U.S. 883, 78 S.Ct. 150, 2 L.Ed.2d 113; Sanders v. United States, 10 Cir., 238 F.2d 145. We can see no prejudice to defendant from his prosecution for two counts of conspiracy under different sections of the narcotics laws for the same activities when he received only concurrent sentences. Blockburger v. United States, 284 U.S. 299, 52 S.Ct. 180, 76 L.Ed. 306; Gore v. United States, 357 U.S. 386, 78 S.Ct. 1280, 2 L.Ed.2d 1405; Harris v. United States, 359 U.S. 19, 79 S.Ct. 560, 3 L.Ed.2d 597.

Affirmed.


Summaries of

United States v. Allen

United States Court of Appeals, Second Circuit
Jun 17, 1959
267 F.2d 491 (2d Cir. 1959)
Case details for

United States v. Allen

Case Details

Full title:UNITED STATES of America, Appellee, v. James Roosevelt ALLEN…

Court:United States Court of Appeals, Second Circuit

Date published: Jun 17, 1959

Citations

267 F.2d 491 (2d Cir. 1959)