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DURAN v. UNITED STATES

No. 25964.

426 F.2d 230 (1970)

Pedro Lavania DURAN, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Fifth Circuit.

April 23, 1970.

Attorney(s) appearing for the Case

William T. Hodges (Court-Appointed), Tampa, Fla., for appellant.

Robert B. McGowan, U. S. Atty., Tampa, Fla., for appellee.

Before GEWIN and GODBOLD, Circuit Judges, and CHOATE, District Judge.

PER CURIAM:

Pedro Lavania Duran appeals from his conviction, following a jury trial, on a two count indictment charging separate violations of 26 U.S.C. § 4742(a). This section makes it unlawful to transfer marihuana except pursuant to an order form furnished to the transferee by the Internal Revenue Service. Duran contends that reversal is required on two grounds: (1) The district court erred in denying his motion for a mistrial as a result of statements made...

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