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UNITED STATES v. STEWART

No. 463-70.

443 F.2d 1129 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. George M. STEWART, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

June 16, 1971.

Attorney(s) appearing for the Case

John A. Babington, Asst. U. S. Atty., Albuquerque, N. M. (Victor R. Ortega, U. S. Atty., Albuquerque, N. M., with him on the brief), for plaintiff-appellee.

Larry L. Lamb, Albuquerque, N. M., for defendant-appellant.

Before LEWIS, Chief Judge, ADAMS, Circuit Judge, and BROWN, District Judge.

WESLEY E. BROWN, District Judge.

Appellant Stewart, was charged in the District Court for the District of New Mexico in a two-count indictment with unlawful sale of dilaudid, a narcotic drug, in violation of 26 U.S.C. § 4705(a), and an unlawful sale of desoxyn, a stimulant drug known as "speed," in violation of 21 U.S.C. § 331(q) (2). Both of these sales were made on June 5, 1969, to an undercover agent in Albuquerque, New Mexico. At the first trial, the...

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