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UNITED STATES v. HENRY

No. 72-1346.

468 F.2d 892 (1972)

UNITED STATES of America, Appellee, v. Roland HENRY, Appellant.

United States Court of Appeals, Tenth Circuit.

November 10, 1972.

Attorney(s) appearing for the Case

Mark C. Meiering, Asst. U. S. Atty., Albuquerque, N. M. (Victor R. Ortega, U. S. Atty., Albuquerque, N. M., on the brief), for appellee.

Leon Taylor, Albuquerque, N. M., for appellant.

Before LEWIS, Chief Judge, and PICKETT and McWILLIAMS, Circuit Judges.

PICKETT, Circuit Judge.

Henry appeals from a conviction on eight counts of an indictment charging him with possession with intent to distribute prohibited narcotic substances in violation of 21 U.S.C. § 841(a)(1) (1970). His main contentions are that the evidence is insufficient to establish that the narcotics were possessed with intent to distribute and that the decision of this court in United States v. Ortiz, 445 F.2d 1100

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