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UNITED STATES v. FREEMAN

No. 82-69.

412 F.2d 1180 (1969)

UNITED STATES of America, Plaintiff-Appellee, v. Stephen Thomas FREEMAN, Defendant-Appellant.

United States Court of Appeals Tenth Circuit.

June 20, 1969.

Attorney(s) appearing for the Case

Milton C. Branch, Asst. U. S. Atty. (James L. Treece, U. S. Atty., was with him on the brief), for plaintiff-appellee.

Peter H. Ney, Englewood, Colo., for defendant-appellant.

Before BREITENSTEIN, HILL and HOLLOWAY, Circuit Judges.

BREITENSTEIN, Circuit Judge.

The one-count indictment against defendant-appellant Freeman charged that he violated 26 U.S.C. § 4744(a)(1) by acquiring and obtaining 2.5 pounds of marijuana without having paid the transfer tax imposed by 26 U.S.C. § 4741(a). Defendant moved to dismiss the indictment on the ground that the mentioned statutes "are unconstitutional in that they violate defendant's rights under the Fifth Amendment to the United

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