Anthony Scaglione Noriega, Appellant, v. United States of America, Appellee, 382 F.2d 295 (5th Cir. 1967)

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US Court of Appeals for the Fifth Circuit - 382 F.2d 295 (5th Cir. 1967) September 27, 1967

Appeal from the United States District Court for the Middle District of Florida, Clarence W. Allgood, Judge.

Henry Gonzalez, Tampa, Fla., for appellant.

Charles S. Carriere, Asst. U. S. Atty., Tampa, Fla., for appellee.

Before BROWN, Chief Judge, and TUTTLE and COLEMAN, Circuit Judges.


We have carefully considered the record in this appeal from a conviction of the appellant on three counts of an information charging violation of Sections 5301(c) (2) and 5606, Title 26, United States Code.

Finding no error in the submission of the case to the jury and finding no error in the denial by the trial court of the motion for judgment n. o. v., we conclude that the judgment of conviction and sentence must be affirmed. See Stilinovic v. United States, 8 Cir. 1964, 336 F.2d 862, and see, as to the admission of the voluntary comments by appellant at the time of the investigation, Pennewell v. United States, 1965, 122 U.S.App. D.C. 332, 353 F.2d 870.

The judgment is affirmed.