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UNITED STATES v. HAYES

Nos. 438-70, 568-70.

441 F.2d 542 (1971)

UNITED STATES of America, Plaintiff-Appellee v. Larry HAYES, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee v. William A. HESS, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied June 10, 1971.

Attorney(s) appearing for the Case

Robert L. Pitler, Denver, Colo., for Larry Hayes.

Joseph Saint-Veltri, Denver, Colo., for William A. Hess.

James L. Treece, U. S. Atty., and Milton C. Branch, Asst. U. S. Atty., for plaintiff-appellee.

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

ADAMS, Circuit Judge.

Defendants Hess and Hayes were convicted on April 14, 1970 by a jury in the United States District Court for the District of Colorado of violating 21 U.S. C. § 331(q) (2) by their possession and sale of lysergic acid diethylamide (LSD).

The government's chief witness, David M. Taketa, a narcotics investigator for the Adams County, Colorado Sheriffs' Office testified that he was introduced...

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