SWAN, Circuit Judge.
The appellant was brought to trial upon an indictment charging him in separate counts with having made two unlawful sales of marihuana cigarettes to Robert Challenger. The jury acquitted on count 1 but convicted on count 2. The appellant was sontenced to a mandatory term of five years and a fine of one dollar, which was remitted. Bail pending appeal was fixed by the trial judge but was not posted. The appellant is presently serving his sentence...
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