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UNITED STATES v. RODRIGUES

No. 7569.

433 F.2d 760 (1970)

UNITED STATES of America, Appellee, v. Cruz Hererra RODRIGUES, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided October 30, 1970.

Attorney(s) appearing for the Case

David H. Lamson, Boston, Mass., by appointment of the Court, with whom Hamilton & Lamson, Boston, Mass., was on brief, for appellant.

Willie J. Davis, Asst. U. S. Atty., with whom Herbert F. Travers, Jr., U. S. Atty., was on brief, for appellee.

Before ALDRICH, Chief Judge, McENTEE and COFFIN, Circuit Judges.

COFFIN, Circuit Judge.

Appellant was convicted of selling heroin not pursuant to a written order in violation of 26 U.S.C. § 4705(a) on the basis of three separate sales to one Wheeler, a government agent. At trial appellant denied ever selling the drugs to the agent, but testified that on the first occasion upon inquiry he merely suggested to Wheeler a possible source of drugs and that, with respect to the second and...

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