Court of Appeals for the Ninth Circuit August 27, 1943, No. 10539 (Gargano v. United States)

PER CURIAM.

Appellant, after conviction and sentence for violations of 21 U.S.C.A. § 174, moved the trial court to vacate judgment in part, on the ground that two counts under which he was convicted and sentenced stated but one offense. But see Palmero v. United States, 1 cir., 112 F.2d 922; Silverman v. United States, 1 cir., 59 F.2d 636, certiorari denied 287 U.S. 640, 53 S.Ct. 89, 77 L.Ed.