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UNITED STATES v. MOORE

No. 19286.

446 F.2d 448 (1971)

UNITED STATES of America v. John MOORE, Appellant.

United States Court of Appeals, Third Circuit.

Decided July 23, 1971.

Attorney(s) appearing for the Case

John W. Packel, Chief Appeals Division, Defender Association of Philadelphia, Philadelphia, Pa., for appellant.

Edwin E. Naythons, Asst. U. S. Atty., Philadelphia, Pa. (Louis C. Bechtle, U. S. Atty., Philadelphia, Pa., on the brief), for appellee.

Before GANEY, VAN DUSEN and GIBBONS, Circuit Judges.

OPINION OF THE COURT

GANEY, Circuit Judge.

Appellant appeals from his conviction of unlawfully acquiring, concealing and transferring marihuana on two separate occasions in violation of 26 U.S.C. §§ 4744(a) (1), 4744(a) (2) and 4742(a), respectively.

He claims he was denied due process of law when the government paid a known narcotics user to inform on him and then made no systematic effort to insure his availability at trial, even though...

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