UNITED STATES v. BIRMINGHAM

No. 71-1030.

447 F.2d 1313 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. Roy Milton BIRMINGHAM, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

September 2, 1971.


Attorney(s) appearing for the Case

Robert J. Kapelke, Denver, Colo., for defendant-appellant.

Hubert Bryant and Ben F. Baker, Asst. U. S. Attys., Tulsa, Okl. (Nathan G. Graham, U. S. Atty., on the brief), for plaintiff-appellee.

Before PHILLIPS, BREITENSTEIN and HILL, United States Circuit Judges.


HILL, Circuit Judge.

Birmingham appeals his conviction alleging certain instructions given the jury by the trial court constitute reversible error. He further contends the instructions constitute "plain error" under F.R.Crim.P. Rule 52(b), thereby requiring this court's review without his having preserved the question for appeal by objection to the trial court.

Appellant was convicted by a jury of violation of 21 U.S.C. § 174 alleging the sale of a quantity...

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