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UNITED STATES v. EMORY

No. 72-1101.

468 F.2d 1017 (1972)

UNITED STATES of America, Appellee, v. Patrick EMORY, t/n Patrick Emery, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided October 24, 1972.

Attorney(s) appearing for the Case

Sherman Bergstein, Minneapolis, Minn., for appellant.

Elizabeth A. Egan, Asst. U. S. Atty., Robert G. Renner, U. S. Atty., Minneapolis, Minn., for appellee.

Before VAN OOSTERHOUT, Senior Circuit Judge, MEHAFFY, Circuit Judge, and DENNEY, District Judge.

MEHAFFY, Circuit Judge.

This case arises out of a criminal prosecution for the sale of stimulant drugs in violation of 21 U.S.C. § 331(q) (2).1 The defendant, Patrick Emery, waived his right to a jury, and the trial was heard in the United States District Court for the District of Minnesota by The Honorable Gerald W. Heaney, United States Circuit Judge, sitting by designation. Throughout this case defendant has admitted his participation...

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