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UNITED STATES v. BACA

No. 71-1292.

451 F.2d 1112 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. Bobby BACA, a/k/a Robert Carlos Baca, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

December 13, 1971.

Attorney(s) appearing for the Case

Scott McCarty, Albuquerque, N. M., for defendant-appellant.

Victor K. Sizemore, Asst. U. S. Atty. (Victor R. Ortega, U. S. Atty., Michael P. Watkins, Asst. U. S. Atty., Albuquerque, N. M., on the brief), for plaintiff-appellee.

Before PICKETT, HILL and DOYLE, Circuit Judges.

HILL, Circuit Judge.

This is a direct appeal from a jury verdict of guilty of naroctics violations under 26 U.S.C. §§ 4705(a) and 7237(b).

The indictment charged Baca on four counts with receipt and concealment of heroin on March 13, 21, 28 and April 1, 1970, and four counts for sale of heroin on each of the above dates. A complaint was filed on August 12, 1970, with the United States Commissioner, and Baca was arrested on August 13. The indictment...

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