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UNITED STATES v. GOLDMAN

No. 71-1042.

450 F.2d 873 (1971)

UNITED STATES of America, Appellee, v. Franklin M. GOLDMAN, Defendant, Appellant.

United States Court of Appeals, First Circuit.

November 9, 1971.

Attorney(s) appearing for the Case

Francis J. DiMento, Boston, Mass., with whom DiMento & Sullivan, Boston, Mass., was on brief, for appellant.

Lawrence P. Cohen, Asst. U. S. Atty., with whom Herbert F. Travers, Jr., U. S. Atty., was on brief, for appellee.

Before ALDRICH, Chief Judge, McENTEE and COFFIN, Circuit Judges.

McENTEE, Circuit Judge.

Defendant appeals from a conviction for the sale of a narcotic drug, morphine, not in pursuance of a written order, in violation of 26 U.S.C. § 4705(a).1 Uncontradicted evidence at trial established that on August 18, 1970, the defendant sold two unsealed and four sealed bottles of tablets to a federal undercover narcotics agent for $875. Defendant told the agent at the time of the sale that the two unsealed...

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