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KYLE v. UNITED STATES

No. 25544.

402 F.2d 443 (1968)

Oren Alan KYLE, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

October 15, 1968.

Attorney(s) appearing for the Case

Frank Grayson, Jack L. Spivey, Oklahoma City, Okl., for appellant.

James R. Gough, Asst. U. S. Atty., Morton L. Susman, U. S. Atty., Ronald J. Blask, Malcolm R. Dimmitt, Asst. U. S. Attys., Houston, Tex., for appellee.

Before RIVES and DYER, Circuit Judges, and MEHRTENS, District Judge.

PER CURIAM:

Appellant, Oren Alan Kyle, was stopped by United States Customs officials as he entered the United States from Mexico. After narcotics paraphernalia and what appeared to be heroin were found on his person, he was arrested. A three-count indictment charging violation of the narcotic laws was returned by a grand jury. A jury trial resulted in his conviction on two counts, the court having withdrawn one of the counts.

In post-verdict remarks the court...

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