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UNITED STATES v. MOORE

No. 71-1546.

452 F.2d 576 (1971)

UNITED STATES of America, Appellee, v. Arthur Benjamin MOORE, Appellant.

United States Court of Appeals, Ninth Circuit.

December 22, 1971.

Attorney(s) appearing for the Case

Saltzman & Goldin, Hollywood, Cal., for appellant.

Robert L. Meyer, U. S. Atty., Eric A. Nobles, Chief, Crim. Div., Barbara Meiers, Asst. U. S. Atty., Los Angeles, Cal., for appellee.

Before HAMLEY, ELY and TRASK, Circuit Judges.

PER CURIAM:

Arthur Benjamin Moore appeals from his conviction on all counts of a four-count indictment charging possession and sale of secobarbital, a depressant or stimulant drug, in violation of 21 U.S.C. § 331(q) (2) and (3) (Supp. V, 1970) (since repealed). Count one charged possession of 5,240 capsules containing secobarbital on May 16, 1969. Count two charged that Moore sold and delivered these capsules to Agent Michael T. Hurley of the Federal Bureau of...

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