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UNITED STATES v. McKINNEY

No. 71-1550.

450 F.2d 943 (1971)

UNITED STATES of America, Appellee, v. Richard Donnell McKINNEY, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided November 5, 1971.

Attorney(s) appearing for the Case

Renn Drum, Winston-Salem, N. C. (Frank Winfree, Winston-Salem, N. C., on brief), for appellant.

William L. Osteen, U. S. Atty. (Bradley J. Cameron, Asst. U. S. Atty., on brief), for appellee.

Before BOREMAN, Senior Circuit Judge, and CRAVEN and BUTZNER, Circuit Judges.

PER CURIAM:

Richard Donnell McKinney was found guilty of the charge of removal and possession of nontaxpaid whiskey in violation of 26 U.S.C. § 5601(a) (12) and 26 U.S.C. §§ 5205(a) (2) and 5604(a) (1). He was sentenced to serve a term of eighteen months under 18 U.S.C. § 4208 (a) (2).

On appeal McKinney contends that the refusal of the trial court to make the presentence report of the probation officer available to his counsel prior to...

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