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UNITED STATES v. SCARDINO

No. 27171.

414 F.2d 925 (1969)

UNITED STATES of America, Plaintiff-Appellee, v. Charles Stewart SCARDINO, Defendant-Appellant.

United States Court of Appeals Fifth Circuit.

August 14, 1969.

Attorney(s) appearing for the Case

Paul C. Myers, Atlanta, Ga., for appellant.

Allen L. Chancey, Jr., Acting U. S. Atty., Robert L. Smith, Asst. U. S. Atty., Atlanta, Ga., for appellee.

Before COLEMAN and SIMPSON, Circuit Judges, and MEHRTENS, District Judge.

COLEMAN, Circuit Judge:

On April 4, 1966 Charles Stewart Scardino was indicted in the Northern District of Georgia for the sale of 156.2 grams of marihuana in violation of § 4742(a), and for the acquisition of the marihuana without, as a transferee, paying the tax required by § 4741(a), in violation of § 4744(a) Title 26, United States Code. On May 6, represented by counsel, a plea of not guilty was entered. On July 18 the plea of not guilty was withdrawn...

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