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ROGERS v. UNITED STATES

Nos. 8218, 8217.

369 F.2d 944 (1966)

Robert Lowell ROGERS, Appellant, v. The UNITED STATES of America, Appellee. Waldo Kent FERGUSON, Appellant, v. The UNITED STATES of America, Appellee.

United States Court of Appeals Tenth Circuit.

December 5, 1966.

Attorney(s) appearing for the Case

Richard D. Lamm, Denver, Colo., for Robert Lowell Rogers, appellant.

Leonard E. Davies, Denver, Colo., for Waldo Kent Ferguson, appellant.

Givens L. Adams, Asst. U. S. Atty. (B. Andrew Potter, U. S. Atty., on the brief), for appellee.

Before MURRAH, Chief Judge, HICKEY, Circuit Judge, and BRATTON, District Judge.

BRATTON, District Judge.

Appellants bring this appeal from their conviction and sentence for the purchase and sale of narcotics1 and conspiracy to violate the narcotics laws.2 This is the second time the case has been here. Defendants were indicted, tried and convicted in 1960, and upon appeal their conviction was affirmed. Ferguson v. United States, 10 Cir.,

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