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UNITED STATES v. SULLIVAN

No. 31076.

443 F.2d 813 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. Robert Donald SULLIVAN, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

June 11, 1971.

Attorney(s) appearing for the Case

Arch B. Gilbert, Ft. Worth, Tex., court appointed, for defendant-appellant.

Eldon B. Mahon, U. S. Atty., W. E. Smith, Asst. U. S. Atty., Fort Worth, Tex., for plaintiff-appellee.

Before AINSWORTH, INGRAHAM and RONEY, Circuit Judges.

AINSWORTH, Circuit Judge:

Robert Donald Sullivan, Richard Hemby, Jerry Ed Burton, and Terry R. Alkire were indicted together on a two-count indictment charging them with smuggling benzedrine and dexedrine tablets into the United States, in violation of 18 U.S.C. § 845, and with conspiracy to commit that offense, in violation of 18 U.S.C. § 371. Sullivan was tried alone before a jury, convicted on both counts, and sentenced to serve two concurrent five-year...

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