MEMORANDUM OPINION
WEINER, District Judge.
Tried by a jury, defendant was convicted on six counts of unlawfully transferring marihuana in violation of 26 U.S.C. § 4742(a) and of unlawfully acquiring marihuana in violation of 26 U.S.C. § 4744(a) (1). These statutes read, in pertinent part, as follows:
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