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UNITED STATES v. HICKMAN

No. 17452.

426 F.2d 515 (1970)

UNITED STATES of America, Plaintiff-Appellee, v. Ben HICKMAN, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Rehearing Denied June 18, 1970.

Attorney(s) appearing for the Case

Sheldon H. Cohan, Frederick T. Work, Gary, Ind., for appellant.

Alfred W. Moellering, U. S. Atty., Richard L. Kieser, Asst. U. S. Atty., Fort Wayne, Ind., for appellee.

Before KNOCH, Senior Circuit Judge, CUMMINGS, Circuit Judge, and GORDON, District Judge.

KNOCH, Senior Circuit Judge.

Defendant-appellant, Ben Hickman, having waived indictment, was tried on an information charging him with knowingly, willfully, etc. purchasing, selling, dispensing and distributing 13 grams more or less of heroin hydrochloride not in or from the original stamped package, in violation of Title 26, U.S.C. § 4704(a). A jury found him guilty as charged and he was sentenced to serve a term of five years. This appeal followed.

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