John J. Vaccaro v. United States

RIVES, Circuit Judge.

This appeal is from a judgment of conviction entered upon a jury’s verdict finding the defendant guilty as charged in counts one and three of a four-count indictment. Both counts were based upon the same approximately 60 grains of marihuana, Count 1 charging a violation of Section 176a of Title 21 United States Code Annotated, and Count 3 charging a violation of Section 4744(a) (2) of Title 26 United States Code Annotated. After an information of previous convictions, one of which related to 1004 grains of heroin hydrochloride, the court sentenced the defendant to 25…