UNITED STATES v. KELLERMAN

No. 106-69.

432 F.2d 371 (1970)

UNITED STATES of America, Appellee, v. Gary Howard KELLERMAN, Appellant.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied January 15, 1971.


Attorney(s) appearing for the Case

Nathan G. Graham, Asst. U. S. Atty., Tulsa, Okl. (Lawrence A. McSoud, U. S. Atty., and Robert P. Santee, Asst. U. S. Atty., on the brief), for appellee.

Gerald E. Kamins, Tulsa, Okl., for appellant.

Before HICKEY and HOLLOWAY, Circuit Judges, and EUBANKS, District Judge.


HOLLOWAY, Circuit Judge.

Appellant was convicted by a jury verdict on 8 of 9 counts of an indictment for violation of the Federal marijuana and drug laws. Count 1 was dismissed at trial for lack of evidence. On counts 2, 3, 4 and 6 appellant was convicted of unlawfully transferring marijuana not in pursuance of a required written order, in violation of 26 U.S.C.A. § 4742(a). On count 7 he was convicted of acquiring marijuana without payment of the required tax...

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