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MILLER v. UNITED STATES

No. 20522.

437 F.2d 1199 (1971)

Dale MILLER, Petitioner-Appellee, v. UNITED STATES of America, Respondent-Appellant.

United States Court of Appeals, Sixth Circuit.

January 25, 1971.

Attorney(s) appearing for the Case

Allan P. Mackinnon, Dept. of Justice, Washington, D. C., for respondent-appellant; Robert B. Krupansky, U. S. Atty., Cleveland, Ohio, Will Wilson, Asst. Atty. Gen., Dept. of Justice, Washington, D. C., on brief; Allan P. Mackinnon, Atty., Dept. of Justice, Washington, D. C., of counsel.

Henry D. Light, Cleveland, Ohio, for petitioner-appellee; Harry E. Youtt, Defender's Office, Cleveland, Ohio, on brief.

Before EDWARDS and CELEBREZZE, Circuit Judges, and O'SULLIVAN, Senior Circuit Judge.

PER CURIAM.

The United States appeals from the grant of a petition for vacation of sentence issued by a District Judge in the United States District Court for the Northern District of Ohio, Eastern Division.

Appellee, Dale Miller, was indicted in 1967 for violating 26 U.S.C. § 4742(a) (1964) by selling 105 grams of marijuana. He was subsequently indicted for violating 26 U.S.C. § 4744 (1964) by possessing the same 105 grams. He then pled guilty to...

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