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UNITED STATES v. STORK

No. 138-69.

421 F.2d 180 (1970)

UNITED STATES of America, Plaintiff-Appellee, v. Wayne Douglas STORK, Defendant-Appellant.

United States Court of Appeals Tenth Circuit.

Certiorari Denied May 18, 1970.

Attorney(s) appearing for the Case

Gordon Allott, Jr., Denver, Colo. (James L. Treece, U. S. Atty., and Leonard Campbell, Asst. U. S. Atty., on the brief), for appellee.

William F. Reynard, Denver, Colo., for appellant.

Before PHILLIPS, BREITENSTEIN and HICKEY, Circuit Judges.

Certiorari Denied May 18, 1970. See 90 S.Ct. 1704.

PER CURIAM.

The jury found defendant-appellant Stork guilty of each count of a two-count indictment charging the transfer of marihuana in violation of 26 U.S.C. § 4742(a) and he appeals from the judgment imposing sentence.

In Leary v. United States, 395 U.S. 6, 89 S.Ct. 1532, 23 L.Ed.2d 57, the Supreme Court set aside a conviction of a transferee of marihuana under...

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