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UNITED STATES v. RHODES

No. 16471.

398 F.2d 655 (1968)

UNITED STATES of America, Plaintiff-Appellee, v. Everett Edmond RHODES, Defendant-Appellant.

United States Court of Appeals Seventh Circuit.

July 31, 1968.

Attorney(s) appearing for the Case

Robert S. Bailey, Oak Park, Ill., for appellant.

Thomas A. Foran, U. S. Atty., Lawrence T. Stanner, Asst. U. S. Atty., Chicago, Ill., John Peter Lulinski, Michael B. Nash, Asst. U. S. Attys., of counsel, for appellee.

Before CASTLE, Chief Judge, and SWYGERT and KERNER, Circuit Judges.

SWYGERT, Circuit Judge.

Everett Edmond Rhodes appeals from a judgment of conviction entered after a jury found him guilty on all four counts of an indictment charging him with violations of 26 U.S.C. § 4705(a) and 21 U.S.C. § 174. The indictment charged that Rhodes engaged in two sales of heroin, one occurring on June 22, 1964, the other occurring on July 1, 1964.

At Rhodes' first trial held in March 1965, he was found guilty by the court sitting...

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