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UNITED STATES v. DEL TORO

No. 27619.

426 F.2d 181 (1970)

UNITED STATES of America, Plaintiff-Appellee, v. Evelio DEL TORO, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

May 18, 1970.

Attorney(s) appearing for the Case

Thomas J. Hanlon, III, Tampa, Fla., for defendant-appellant.

John L. Briggs, U. S. Atty., Jacksonville, Fla., Robert B. McGowan, Asst. U. S. Atty., Tampa, Fla., for plaintiff-appellee.

Before JOHN R. BROWN, Chief Judge, and TUTTLE and MORGAN, Circuit Judges.

JOHN R. BROWN, Chief Judge.

Appellant was found guilty by a jury and convicted of selling heroin not pursuant to a written order on an official form in violation of 26 U.S.C.A. § 4705(a)1 (count one), and of possessing heroin without having registered and paid the tax provided for by 26 U.S. C.A. §§ 47012 and 47023 in violation of 26 U.S.C.A. § 4724(c)

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