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UNITED STATES v. GAINES

No. 23369.

436 F.2d 150 (1970)

UNITED STATES of America v. Louis W. GAINES, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided August 27, 1970.

Attorney(s) appearing for the Case

Mr. Melvin M. Feldman (appointed by this Court), with whom Mr. Eugene J. Fitzpatrick, Rockville, Md., was on the brief, for appellant.

Mr. Warren R. King, Asst. U. S. Atty., with whom Messrs. Thomas A. Flannery, U. S. Atty., John A. Terry and Albert W. Overby, Jr., Asst. U. S. Attys. at the time the brief was filed, were on the brief, for appellee.

Before TAMM, LEVENTHAL, and MacKINNON, Circuit Judges.

TAMM, Circuit Judge:

The appellant was arrested for selling five capsules of heroin to an undercover policeman and was indicted in three counts for violation of the Federal Narcotic Laws (21 U.S.C. § 174, 26 U.S.C. §§ 4704(a) and 4705(a) (1964)); he was convicted and sentenced to a ten year prison term. Recent decisions of the Supreme Court and of this court have disposed of the bulk of appellant's arguments and have made prolonged discussion by us...

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