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UNITED STATES v. BUTLER

Nos. 608-70-616-70.

446 F.2d 975 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. Lewis C. BUTLER et al., Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied September 20, 1971.

Attorney(s) appearing for the Case

Hubert H. Bryant, Asst. U. S. Atty., Tulsa, Okl. (Nathan G. Graham, U. S. Atty., and Karen L. Atkinson, Atty., Dept. of Justice, with him on the brief), for appellee.

John W. Young, Denver, Colo. (Lamm & Young, Denver, Colo., on the brief), for appellants Gilbert, Stanford E. Johnson, Moore and Napier.

Irvine E. Ungerman, Tulsa, Okl. (Manuel Grabel, Maynard I. Ungerman, William Leiter and E. P. Litchfield, Tulsa, Okl., with him on the brief), for appellants Butler, Howe, Madden and Page.

Elmore A. Page, Tulsa, Okl., for appellant Joe Bleaker Johnson.

Before PHILLIPS, MURRAH and HOLLOWAY, Circuit Judges.

MURRAH, Circuit Judge.

The defendants appeal from judgments entered upon convictions following a jury trial in the Northern District of Oklahoma for (1) conspiring to traffic in Heroin in violation of 21 U.S.C. § 174 and (2) conspiring to sell and exchange Heroin without a written order form required by 26 U.S.C. § 4705(a) in violation of 26 U.S.C. § 7237(b). Various errors are charged including the denial of a change of venue, the admission of certain...

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