UNITED STATES v. HOWARD

No. 71-1852 Summary Calendar.

451 F.2d 1003 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. James HOWARD, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

December 8, 1971.


Attorney(s) appearing for the Case

Joe J. Harrell, Pensacola, Fla., Court-appointed, for defendant-appellant.

William H. Stafford, Jr., U. S. Atty., J. Worth Owen, Asst. U. S. Atty., Pensacola, Fla., for plaintiff-appellee.

Before BELL, AINSWORTH and GODBOLD, Circuit Judges.


PER CURIAM:

The evidence of appellant's presence at, and participation in, the sale and transfer of LSD and marijuana adequately supports his conviction on both counts. There was testimony that, in a transaction occurring in a house occupied by appellant and codefendant Cannon, appellant assisted Cannon in counting out more than 300 tablets containing LSD; that, in appellant's presence, the tablets and marijuana were placed in one package and delivered to the purchaser...

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