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GARCIA v. UNITED STATES

No. 9105.

373 F.2d 806 (1967)

Pete Griego GARCIA, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Tenth Circuit.

March 2, 1967.

Attorney(s) appearing for the Case

George P. Jones, III, Albuquerque, N. M., for appellant.

John A. Babington, Albuquerque, N. M. (John Quinn, Albuquerque, N. M., with him on brief), for appellee.

Before MURRAH, Chief Judge, and BREITENSTEIN and HILL, Circuit Judges.

MURRAH, Chief Judge.

This appeal is from four concurrent twelve year sentences for violation of the narcotic laws. If the conviction on any one count is sustainable, conviction on the other counts must also be sustained. See Jordan v. United States, 10 Cir., 345 F.2d 302.

Counts 1 and 2 charge unlawful receipt, concealment and sale of heroin in violation of 21 U.S.C. § 174 and 26 U.S.C. § 4705(a). Counts 3 and 4...

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