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BLACK v. UNITED STATES

No. 25661.

405 F.2d 187 (1968)

Grady Welton BLACK, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

Certiorari Denied April 21, 1969.

Attorney(s) appearing for the Case

William F. Walsh, Houston, Tex., for appellant.

James R. Gough, Asst. U. S. Atty., Houston, Tex., Morton L. Susman, U. S. Atty., Houston, Tex., for appellee.

Before BELL and SIMPSON, Circuit Judges, and ROBERTS, District Judge.

Certiorari Denied April 21, 1969. See 89 S.Ct. 1477.

PER CURIAM:

The sole contention presented on this appeal from a conviction of violation by a retail druggist of the narcotic laws is that the decision of the U.S. Attorney to prosecute appellant under Title 26, U.S.C. Sec. 4705(a), rather than under Title 26, U.S.C. Sec. 4704(a), unconstitutionally deprived the trial judge of discretion in sentencing. Both appellant and appellee concede that the evidence...

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