TIMBERS, Chief Judge.
Defendant, Ernest Rogers, was charged in a three count indictment returned on March 28, 1967 with selling narcotics on February 11, 1967 in violation of 21 U.S.C. § 174, 26 U.S.C. § 4704(a), and 26 U.S.C. § 4705(a). On May 9, 1967, defendant, while represented
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