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TURNER v. UNITED STATES

No. 25526.

415 F.2d 1234 (1969)

Alton TURNER, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

August 1, 1969.

Attorney(s) appearing for the Case

Alan R. Schwartz, Miami, Fla., for appellant.

Morton Orbach, Asst U. S. Atty., Miami, Fla., William A. Meadows, Jr., U. S. Atty., for appellee.

Before BROWN, Chief Judge, THORNBERRY, Circuit Judge, and TAYLOR, District Judge.

WILLIAM M. TAYLOR, Jr., District Judge:

This is an appeal by Alton Turner from a two-count conviction based on two provisions of the Internal Revenue Code relating to the sale of narcotic drugs. Count I was a violation of 26 U.S.C. § 4704(a) for the sale of a quantity of heroin not from an original stamped package. Count II was for a violation of 26 U.S.C. § 4705(a) for the sale of heroin in the absence of a written order. Although Appellant raises several...

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