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UNITED STATES v. McKINNEY

No. 23791.

433 F.2d 921 (1970)

UNITED STATES of America, Appellee, v. William Bernard McKINNEY, Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied January 4, 1971.

Attorney(s) appearing for the Case

Richard G. Sherman (argued) of Sherman & Sturman, Beverly Hills, Cal., for appellant.

George G. Rayborn (argued), Asst. U. S. Atty., Robert L. Meyer, U. S. Atty., David R. Nissen, Chief, Criminal Division, Los Angeles, Cal., for appellee.

Before BARNES, MERRILL and CARTER, Circuit Judges.

JAMES M. CARTER, Circuit Judge.

Appellant was indicted for three offenses. Counts 1 and 2 alleged violation of 21 U.S.C. § 176a, involving 123,-379.20 grams of marihuana. Count 3 involved the same marihuana and alleged appellant transferred the marihuana to a federal narcotics agent without obtaining from him a written order form, in violation of 26 U.S.C. § 4742(a). The case was tried without a jury. Appellant was convicted and sentenced to concurrent terms...

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