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LOPEZ v. UNITED STATES

No. 25287.

406 F.2d 903 (1969)

Gilberto LOPEZ, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

January 29, 1969.

Attorney(s) appearing for the Case

David Hume, Eagle Pass, Tex., for appellant.

Ernest Morgan, U. S. Atty., Ted Butler, Asst. U. S. Atty., San Antonio, Tex., for appellee.

Before THORNBERRY and SIMPSON, Circuit Judges, and CASSIBRY, District Judge.

PER CURIAM:

Appellant, upon his conviction under each count of a four-count information charging unlawful sale and delivery of d-Amphetamine sulfate tablets1, a depressant or stimulant drug, within the meaning of 21 U.S.C. § 321(v) (2), in violation of Title 21, U.S.C. Section 331 (q) (2)2, was sentenced under Count One to twelve months imprisonment with five months to serve and the remainder suspended...

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