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UNITED STATES v. SAPP

No. 28862.

439 F.2d 817 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. Frank SAPP, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

March 8, 1971.

Attorney(s) appearing for the Case

Frank Maloney, Austin, Tex., (Ct. Apptd.), for appellant.

Anthony J. P. Farris, U. S. Atty., James R. Gough, Asst. U. S. Atty., Houston, Tex., Ronald J. Blask, Atty., Department of Justice, Washington, D. C., for appellee.

Before GEWIN, MORGAN and ADAMS, Circuit Judges.

GEWIN, Circuit Judge:

The appellant Sapp was charged with violating federal narcotics statutes in a seven-count indictment. He pled guilty to Count 2 which charged that he did unlawfully, knowingly and willfully, with intent to defraud the United States, smuggle and clandestinely introduce into the United States approximately 15 pounds of marijuana without having such marijuana invoiced in violation of Title 21 U.S.C. § 176a. He now contends that the judgment...

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