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UNITED STATES v. GAMMILL

No. 536-69.

421 F.2d 185 (1970)

UNITED STATES of America, Plaintiff-Appellee, v. Vincent M. GAMMILL, Jr., Defendant-Appellant.

United States Court of Appeals Tenth Circuit.

February 4, 1970.

Attorney(s) appearing for the Case

James R. Richards, Asst. U. S. Atty. (James L. Treece, U. S. Atty., on the brief), for appellee.

Francis S. Mancini, Denver, Colo., for appellant.

Before BREITENSTEIN and HOLLOWAY, Circuit Judges, and CHRISTENSEN, District Judge.

BREITENSTEIN, Circuit Judge.

The defendant-appellant was indicted, convicted, and sentenced for a narcotic violation. On this appeal he challenges the sufficiency of the indictment and the power of the district court to amend.

The indictment returned by the grand jury read in pertinent part:

"That on or about the 9th day of November, within the District of Colorado, VINCENT M. GAMMILL, JR., knowingly and wilfully did sell * * * a quantity of narcotic...

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