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VELASQUEZ v. UNITED STATES

No. 5515.

244 F.2d 416 (1957)

Marcelino Perea VELASQUEZ, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Tenth Circuit.

April 18, 1957.

Attorney(s) appearing for the Case

Hartley & Buzzard and Dan B. Buzzard, Clovis, N. M., were on the brief for appellant.

Paul F. Larrazolo, U. S. Atty., and James A. Borland, Asst. U. S. Atty., Albuquerque, N. M., were on the brief for appellee.

Before BRATTON, Chief Judge, and HUXMAN and MURRAH, Circuit Judges.

BRATTON, Chief Judge.

The indictment in this case contained three counts. The first count charged that the defendant received, concealed, and facilitated the transportation of five ounces of processed opium which he then and there well knew had been imported and brought into the United States. The second count charged that the defendant sold five ounces of processed opium, such sale not being made in pursuance of a written order of the purchaser on a form issued in...

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