KILKENNY, Circuit Judge:
This appeal presents an unusual background. Appellant was convicted on two counts of violating 26 U.S.C. § 4705(a) [sale of narcotics] and on two counts of violating 21 U.S.C. § 174 [dealing in narcotics]. The indictment was returned in April, 1968. In May of the same year, appellant waived a trial by jury and on May 29th, he was convicted on all four counts. Initially, the court attempted to sentence appellant under Title II of...
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