GEWIN, Circuit Judge.
The appellant, Ulfrano Garcia, was tried by a jury and found guilty under an indictment charging him with one narcotics violation of 26 U.S.C.A. § 4744(a) (1). The substance of the charge was that Garcia as transferee failed to pay the required transfer tax on marihuana as provided by 26 U.S.C.A. § 4741(a). Being a third offender, Garcia was sentenced to a term of ten years imprisonment.
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