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UNITED STATES v. BURGESS

No. 30138 Summary Calendar.

433 F.2d 987 (1970)

UNITED STATES of America, Plaintiff-Appellee, v. Willie B. BURGESS, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

November 11, 1970.

Attorney(s) appearing for the Case

Jim Hudson, Athens, Ga., for defendant-appellant.

William J. Schloth, U. S. Atty., Charles T. Erion, Asst. U. S. Atty., Macon, Ga., for plaintiff-appellee.

Before THORNBERRY, MORGAN and CLARK, Circuit Judges.

PER CURIAM:

Appellant was convicted of possessing distilled spirits on which the tax had not been paid in violation of 26 U.S.C. § 5205(a) (2) and § 5604 (a). At his trial appellant testified before the jury that a government undercover agent made several visits to his home and informed appellant that a case of whiskey was needed so that it might be resold in the next county to obtain money for the agent's family which was allegedly ill

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