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MILLER v. UNITED STATES

No. 18571.

347 F.2d 797 (1965)

Theodore H. MILLER, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided May 5, 1965.

Petition for Rehearing Denied June 14, 1965.

Attorney(s) appearing for the Case

Mr. Hamilton Carothers, Washington, D. C., with whom Mr. Charles W. Havens, III, Washington, D. C. (both appointed by this court) was on the brief, for appellant.

Mr. Martin R. Hoffmann, Asst. U. S. Atty., with whom Messrs. David C. Acheson, U. S. Atty., Frank Q. Nebeker and Harold H. Titus, Jr., Asst. U. S. Attys., were on the brief, for appellee.

Before WILBUR K. MILLER, Senior Circuit Judge, and DANAHER and WRIGHT, Circuit Judges.

Petition for Rehearing En Banc Denied June 14, 1965.

DANAHER, Circuit Judge.

Appellant was convicted and was sentenced to serve concurrent sentences on two counts of an indictment which had charged him with violation of 26 U.S.C. § 4704(a) (1958)1 and 21 U.S.C. § 174 (1958).2 Received in evidence against the appellant were some 54 gelatin capsules...

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