UNITED STATES v. FERRA

No. 27754.

427 F.2d 1348 (1970)

UNITED STATES of America, Plaintiff-Appellee, v. Nabi FERRA, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied and Rehearing Denied August 21, 1970.


Attorney(s) appearing for the Case

Joel Hirschhorn, Miami, Fla., court-appointed, for appellant.

Robert W. Rust, U. S. Atty., Jose E. Martinez, Michael J. Osman, Asst. U. S. Attys., Miami, Fla., for appellee.

Before GEWIN, GODBOLD and CLARK, Circuit Judges.


Rehearing Denied and Rehearing En Banc Denied August 21, 1970.

GEWIN, Circuit Judge:

In January 1969 a federal Grand jury returned a four count indictment against appellant, Nabi Ferra. Counts one and three charged Ferra with violating 26 U.S.C. § 4704(a) by dispensing and distributing a narcotic not in or from the original stamped container; counts two and four charged him with selling, bartering, exchanging and giving away a narcotic drug in violation...

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