This ease is a second trial on the indictment before us in Amendola v. U. S. (C. C. A.), 17 F.(2d) 529. The evidence was the same and the judge carefully left it to the jury to say where the sale took place. They must he understood to have held that Marinelli was Amendola’s agent. This was enough.

On confession of error the judgment is reversed on the first, second, and fourth counts. It is affirmed on the third.