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UNITED STATES v. BURSEY

No. 74-3607.

515 F.2d 1228 (1975)

UNITED STATES of America, Plaintiff-Appellee, v. Brett Allen BURSEY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

July 18, 1975.

Attorney(s) appearing for the Case

Cameron M. Cunningham, Austin, Tex., Court-appointed, for defendant-appellant and also for intervenors Dr. and Mrs. Don C. Bursey.

Edward McDonough, Jr., U. S. Atty., Ellis C. McCullough, James R. Gough, Asst. U. S. Attys., Houston, Tex., for plaintiff-appellee.

Before GOLDBERG, CLARK and GEE, Circuit Judges.

GOLDBERG, Circuit Judge:

This appeal arises from a unique procedural matrix. In the Spring of 1973, Appellant Brett Allen Bursey was convicted by a jury in the Southern District of Texas of possession of peyote in violation of 21 U.S.C. § 841(a), and was sentenced to four years imprisonment. Brett Bursey was granted leave to proceed in forma pauperis on appeal, and counsel was appointed to represent him. Bond pending appeal was set at $10,000. At the time of...

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