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UNITED STATES v. HANEY

No. 28827 Summary Calendar.

429 F.2d 1282 (1970)

UNITED STATES of America, Plaintiff-Appellee, v. Thomas Jackson HANEY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

July 20, 1970.

Attorney(s) appearing for the Case

Harl C. Duffey, Jr., Rome, Ga., for defendant-appellant.

John W. Stokes, Jr., U.S. Atty., Robert E. Whitley, Asst. U. S. Atty., Atlanta, Ga., for plaintiff-appellee.

Before WISDOM, COLEMAN and SIMPSON, Circuit Judges.

SIMPSON, Circuit Judge.

We review on appeal1 the conviction and sentence of Thomas Jackson Haney for violation of the revenue laws of the United States with respect to possession of non-tax-paid distilled spirits in violation of Title 26, U.S.C., Section 5604(a) (2) and 5604(a) (1). The sentence imposed under Section 5604(a) (1) was to confinement for a period of three years.

Appellant urges two points on appeal: (1) whether the...

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