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UNITED STATES v. RESTANO

Nos. 31035, 30927.

449 F.2d 485 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. Rene RESTANO, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Hector Jose BARRENECHE, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

September 24, 1971.

Attorney(s) appearing for the Case

Jerry Mosca, Miami, Fla., for Restano.

Shalle Stephen Fine, Miami, Fla., for Barreneche.

Robert W. Rust, U. S. Atty., Neal R. Sonnett, Asst. U. S. Atty., Miami, Fla., for plaintiff-appellee.

Before GODBOLD, SIMPSON and CLARK, Circuit Judges.

GODBOLD, Circuit Judge:

In this judge-tried case, Barreneche and Restano were found guilty of violating 26 U.S.C. § 4704(a):

It shall be unlawful for any person to purchase, sell, dispense, or distribute narcotic drugs except in the original stamped package or from the original stamped package; and the absence of appropriate taxpaid stamps from narcotic drugs shall be prima facie evidence of a violation of this subsection by the person in whose possession...

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